Tiexiera

(PC) Gradford v. Tiexiera

Good Law
United States District Court, Eastern District of CaliforniaFebruary 27, 20201:19-cv-01783California676 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM J. GRADFORD, Case No. 1:19-cv-01783-NONE-SKO (PC)

Plaintiff,

FINDINGS AND RECOMMENDATIONS

v. TO DISMISS ACTION

TIEXIERA; MCCARTHY, 21-DAY DEADLINE

Defendants. 16 Plaintiff William J. Gradford is proceeding in forma pauperis in this civil rights action. Plaintiff alleges the defendants subjected him to First Amendment retaliation. (Doc. 1 at 5-7.) The Court finds that Plaintiff’s claims are barred by the statute of limitations. Thus, as a matter of law, Plaintiff is unable to cure the deficiencies in his pleading. See Akhtar v. Mesa, 698 F.3d 1202, 1212-13 (9th Cir. 2012). Accordingly, the Court recommends that this action be dismissed. I. SCREENING REQUIREMENT The Court must dismiss an action brought by a plaintiff proceeding in forma pauperis if the plaintiff has raised claims that are frivolous or malicious, fail to state a claim on which relief may be granted, or seek monetary relief from a defendant…

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