Gaylord

Gaylord v. The Clay House

Good Law
United States District Court, Eastern District of CaliforniaAugust 27, 20201:20-cv-00972California3,460 words

Opinion

Trial Court Opinion

I. INTRODUCTION

18 Plaintiff, Andrew Gaylord, is a prisoner in the custody of Madera County Jail. On July 14, 19 2020, Plaintiff, proceeding pro se, filed a civil complaint against Defendants The Clay House and 20 Kevin La Puerta. (Doc. 1.) Plaintiff purports to allege claims under (1) 42 U.S.C. § 1983 (“Section 21 1983”) for violation of his Fifth and Fourteenth Amendment rights and (2) California Penal Code § 22 422.6(a). (Id. at 6.) Plaintiff seeks compensatory damages in the amount of $100,000 and punitive 23 damages in the amount of $100,000. (Id. at 7.) Plaintiff also filed an application to proceed in 24 forma pauperis, which was granted on July 17, 2020. (Docs. 2, 3.) 25 Plaintiff’s complaint is now before the Court for screening. The Court finds Plaintiff has 26 not stated a cognizable claim, but may be able to correct the deficiencies in his pleading. Thus, 27 Plaintiff is provided the pleading and legal standards for his claims and is granted leave to file a first 28 amended complaint. A. Screening Requirement and Standard The Court is required to screen complaints in cases where the plaintiff is proceeding in forma pauperis. 28…

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