Barber

(PC) Muhammad v. Barber

Good Law
United States District Court, Eastern District of CaliforniaSeptember 22, 20202:19-cv-02592California2,255 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KWESI MUHAMMAD, No. 2:19-cv-2592-TLN-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS CHRISTINE BARBER, Defendant. 16 Plaintiff, a state prisoner, originally filed this action in the Superior Court of California in and for the County of San Joaquin. ECF No. 1. Defendant removed it to this court on December 23, 2019. Id. After removal, plaintiff’s complaint was twice dismissed on screening for failure to state a cognizable claim. See ECF Nos. 11 & 16. Plaintiff was given leave to amend after both dismissals and he has now submitted his second amended complaint (ECF No. 17) which, again, the court must screen. As discussed below that complaint, too, fails to state a claim. Screening I. Legal Standards Federal courts must 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…

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