Stamper

(PC) Camposeco v. Stamper

Good Law
United States District Court, Eastern District of CaliforniaJuly 31, 20201:19-cv-01330California9,248 words

Opinion

Trial Court Opinion

I. Introduction

21 Plaintiff Samuel Camposeco is a pretrial detainee proceeding pro se and in forma pauperis 22 in a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff’s second amended complaint, filed 23 on July 20, 2020, is currently before the Court. (ECF No. 18.)

II. Screening Requirement and Standard

25 The Court is required to screen complaints brought by prisoners seeking relief against a 26 governmental entity and/or against an officer or employee of a governmental entity. 28 U.S.C. § 27 1915A(a). Plaintiff’s complaint, or any portion thereof, is subject to dismissal if it is frivolous or 28 malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. §§ 1915A(b); 1915(e)(2)(B)(ii). A complaint must contain “a short and plain statement of the claim showing that the pleader is entitled to relief . . . .” Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not required, but “[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” Ashcroft v. Iqbal, 556…

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