Gordon

(PC) Nieto v. Gordon

Good Law
United States District Court, Eastern District of CaliforniaJune 2, 20201:20-cv-00291California2,799 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JOHN M. NIETO, CASE NO. 1:20-cv-0291 JLT (PC)

Plaintiff, ORDER DIRECTING PLAINTIFF TO

FILE A RESPONSE

v. (Doc. 1)

WARDEN GORDON, et al., THIRTY-DAY DEADLINE Defendants.

Plaintiff has filed complaint asserting constitutional claims against governmental employees. (Doc. 1.) The Court is required to screen these types of complaints (28 U.S.C. § 1915A(a)) and 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 relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B)(ii). [“Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim upon which relief may be granted.”] I. Pleading Standard A…

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