Webb

(PC) Gibbs v. Webb

Good Law
United States District Court, Eastern District of CaliforniaMay 5, 20202:18-cv-02817California6,775 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT A. GIBBS, No. 2:18-cv-2817 JAM DB P Plaintiff, v. ORDER J. WEBB, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff’s original complaint was screened and found to state the following claims for relief: (1) a First Amendment retaliation claim against Deputy J. Webb; (2) a Fourteenth Amendment excessive force claim against Deputy Webb; and (3) a Fourteenth Amendment failure to protect claim against Deputy C. Barnhart. (ECF No. 10.) No other claims were cognizable as plead. Plaintiff was then directed to file a notice as to whether he wished to proceed on the complaint as screened or to file an amended complaint. Plaintiff has chosen to file an amended complaint, which is now before the Court for screening. (ECF No. 13.) I. Screening Requirements “[T]he court shall dismiss the case at any time if the court determines…

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