Grove

(PC) Smith v. Grove

Good Law
United States District Court, Eastern District of CaliforniaMarch 10, 20202:18-cv-02549California1,278 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 COLEMAN KENYATTA SMITH, Jr., No. 2:18-cv-2549 EFB P Plaintiff, v. ORDER J. GROVE, et al., Defendants. 16 Plaintiff proceeds without counsel in this action brought pursuant to 42 U.S.C. § 1983. On March 28, 2019, the court dismissed plaintiff’s previous complaints with leave to amend after finding that, for screening purposes, he had failed to state a cognizable claim. ECF No. 9. He has now filed a third amended complaint (ECF No. 15), which is screened below. Screening I. Legal Standards Pursuant to § 1915(e)(2), the court must dismiss the case at any time if it determines the allegation of poverty is untrue, or if the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against an immune defendant. Although pro se pleadings are liberally construed, see Haines v. Kerner, 404 U.S. 519, 520-21 (1972), a complaint, or…

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