Barge

(PC) J'Weial v. Barge

Good Law
United States District Court, Eastern District of CaliforniaMay 18, 20202:17-cv-01937California2,183 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 XAVIER LUMAR J’WEIAL, No. 2:17-cv-1937 MCE AC P Plaintiff, v. ORDER COUNTY OF AMADOR, et al. Defendants. 16 After the original complaint was screened and found to be not appropriate for service, plaintiff was given leave to amend (ECF No. 15) and has now filed a first amended complaint (ECF No. 18). I. Statutory Screening of Prisoner Complaints 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 “frivolous, malicious, or fail[] to state a claim upon which relief may be granted,” or that “seek[] monetary relief from a defendant who is immune from such relief.” 28 U.S.C. § 1915A(b). “Federal Rule of Civil Procedure 8(a)(2) requires only ‘a short and plain statement of the claim…

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