Carlock

(PC) Evans v. Carlock

Good Law
United States District Court, Eastern District of CaliforniaApril 22, 20202:19-cv-00110California1,471 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 RICHARD ANTHONY EVANS, No. 2:19-cv-0110-EFB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

LISA CARLOCK, et al., Defendants. 15 Plaintiff, a state prisoner proceeding without counsel, has filed an action purporting to be brought under 42 U.S.C. § 1983. The court previously dismissed the complaint with leave to amend. ECF No. 19. Plaintiff has filed an amended complaint which is before the court for screening under 28 U.S.C. § 1915A. ECF No. 35. For the reasons that follow, the amended complaint should be dismissed without leave to amend but without prejudice to plaintiff’s filing his challenge to his arrest and conviction through a petition for writ of habeas corpus. I. Screening Requirement and 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). The court…

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