Wong
(PC) Hamilton v. Wong
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID HAMILTON, No. 2:19-cv-1181-KJM-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS SAM WONG, et al., Defendants. 16 Plaintiff, a state prisoner, proceeds without counsel in this action brought pursuant to 42 U.S.C. § 1983. On October 9, 2019, the court dismissed plaintiff’s amended complaint on screening for failure to state a cognizable claim. ECF No. 12. Plaintiff has now filed his second amended complaint (ECF No. 15) and the court must screen it. 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…