(PC) Ramirez v. CDCR - California Corrections

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JOSE RAMIREZ, 1:19-cv-01688-GSA-PC

Plaintiff, ORDER DISMISSING COMPLAINT FOR

FAILURE TO STATE A CLAIM, WITH

vs. LEAVE TO AMEND (ECF No. 1.) CDCR, et al.,

THIRTY-DAY DEADLINE TO FILE

Defendants. FIRST AMENDED COMPLAINT

23 I. BACKGROUND Jose Ramirez (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action under 42 U.S.C. § 1983. On December 3, 2019, Plaintiff filed the Complaint commencing this action which is now before the court for screening. 28 U.S.C. § 1915. (ECF No. 1.) II. SCREENING REQUIREMENT The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally “frivolous …