Grove

(PC) Smith v. Grove

Good Law
United States District Court, Eastern District of CaliforniaMay 4, 20202:18-cv-02549California1,123 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, who is a state prisoner, proceeds without counsel in this action brought pursuant to 42 U.S.C. § 1983. On March 10, 2020, the court dismissed plaintiff’s third amended complaint on screening for failure to meet the pleading requirements of Rule 8 of the Federal Rules of Civil Procedure. ECF No. 17. Plaintiff has now filed his fourth amended complaint (ECF No. 20) and the court must screen it. Screening I. Legal Standards The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally “frivolous or malicious,” that fail to state a claim upon which…

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