(PC) Franks v. Johnson

Good Law
United States District Court, Eastern District of CaliforniaSeptember 28, 20201:20-cv-00551California2,337 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 TOM M. FRANKS, Case No. 1:20-cv-00551-DAD-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

REGARDING DISMISSAL OF ACTION FOR

v. FAILURE TO STATE A CLAIM R.C. JOHNSON, et al., Defendants. FOURTEEN-DAY DEADLINE 16 17 Plaintiff Tom M. Franks (“Plaintiff”), a state prisoner proceeding pro se and in forma pauperis, initiated this civil rights action under 42 U.S.C. § 1983 on April 16, 2020. (ECF No. 1.) On August 6, 2020, the Court screened Plaintiff’s complaint and granted him leave to amend. (ECF No. 10.) Plaintiff’s first amended complaint, filed on September 10, 2020, is currently before the Court for screening. (ECF No. 11.) I. Screening Requirement and Standard The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity and/or against an officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). Plaintiff’s complaint, or any portion…

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