Yarmolyuk
(PC) Ilsung v. Yarmolyuk
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VICTORY ILSUNG, No. 2:20-cv-0033-EFB P Plaintiff, v. ORDER YARMOLYUK, et. al., Defendants. 16 Plaintiff, a state prisoner, proceeds without counsel in this action brought pursuant to 42 U.S.C. § 1983. His initial complaint was dismissed on screening (ECF No. 5) and he was granted leave to amend. He has now filed an amended complaint (ECF No. 8) which is screened below. 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 complaint, or portion thereof, should be dismissed for failure to state a claim if it fails to…