Spearman
(PC) Saldana v. Spearman
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SAMUEL SALDANA, No. 2:19-cv-0916 CKD P Plaintiff, v. ORDER AND M.E. SPEARMAN, et al., FINDINGS AND RECOMMENDATIONS Defendants. 16 Plaintiff is a state prisoner proceeding pro se and seeking relief pursuant to 42 U.S.C. § 1983. On March 16, 2020, the court screened plaintiff’s amended complaint as the court is required to due under 28 U.S.C. § 1915A(a). Plaintiff’s amended complaint was dismissed with leave to amend and plaintiff was given instructions as to the contents of his second amended complaint. Plaintiff has filed a second amended complaint which now must be screened. As plaintiff now knows, the court must dismiss a complaint or portion thereof if a prisoner has raised claims that are legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2). …