Janam

(PC) Smith v. Janam

Good Law
United States District Court, Eastern District of CaliforniaSeptember 22, 20202:19-cv-00492California2,119 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 MICHAEL A. SMITH, No. 2:19-cv-0492-EFB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

J. JANAM, et al., Defendants. 15 Plaintiff is a state prisoner proceeding without counsel and in forma pauperis in an action brought under 42 U.S.C. § 1983. After two dismissals by the court, plaintiff has filed a second amended complaint, which the court must screen. ECF Nos. 12, 21, 24. Congress mandates that district courts engage in a preliminary screening of cases in which prisoners seek redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The court must identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint “is frivolous, malicious, or fails to state a claim upon which relief may be granted,” or “seeks monetary relief from a defendant who is immune from such relief.” Id. § 1915A(b). The court analyzed plaintiff’s…

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