(PC) Ramirez v. CDCR - California Corrections
Opinion
trial_court Opinion
1 2
3
4
5
6
7
8 UNITED STATES DISTRICT COURT
9 EASTERN DISTRICT OF CALIFORNIA
10
11 JOSE RAMIREZ, 1:19-cv-01688-GSA-PC
12 Plaintiff, ORDER DISMISSING COMPLAINT FOR
FAILURE TO STATE A CLAIM, WITH
13 vs. LEAVE TO AMEND (ECF No. 1.) 14 CDCR, et al.,
THIRTY-DAY DEADLINE TO FILE
15 Defendants. FIRST AMENDED COMPLAINT
16
17
18
19
20
21
22
23 24 I. BACKGROUND 25 Jose Ramirez (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 26 with this civil rights action under 42 U.S.C. § 1983. On December 3, 2019, Plaintiff filed the 27 Complaint commencing this action which is now before the court for screening. 28 U.S.C. § 28 1915. (ECF No. 1.) 1 II. SCREENING REQUIREMENT 2 The court is required to screen complaints brought by prisoners seeking relief against a 3 governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The 4 court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally 5 “frivolous …