Barber
(PC) Muhammad v. Barber
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KWESI MUHAMMAD, No. 2:19-cv-2592-TLN-EFB P Plaintiff, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
CHRISTINE BARBER, Defendant. 16 Plaintiff, a state prisoner, originally filed this action in the San Joaquin Superior Court. ECF No. 1. Defendant removed it to this court on December 23, 2019, id., and on December 30, 2019, filed a motion to dismiss, ECF No. 3. Before addressing defendant’s motion to dismiss, the court must screen plaintiff’s complaint. See, e.g., Morris v. Horel, No. C 07-6060 SI (pr), 2008 U.S. Dist. LEXIS 56938, *3 (N.D. Cal., March 12, 2008) (civil rights action screened pursuant to section 1915A after being removed from state court). Screening I. Legal Standards Federal courts must engage in a preliminary screening of cases in which prisoners seek redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). …