(PC) De La Cruz v. Superior Court of California
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALFONSO VALERIANO DE LA CRUZ, No. 2:19-cv-2430 KJM DB P 12 Plaintiff, 13 v. ORDER 14 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO, et al., 15 Defendants. 16
17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. (ECF No. 1). Plaintiff has paid the filing fee. The matter was referred 19 to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 For the reasons stated below, plaintiff’s complaint will be dismissed with leave to amend. 21
I. PAYMENT OF FILING FEE
22 Plaintiff has paid the filing and administrative fees for this action. See 28 U.S.C. § 23 1914(a)-(b). Accordingly, this matter may proceed and be screened. 24
II. SCREENING REQUIREMENT
25 The court is required to screen complaints brought by prisoners seeking relief against a 26 governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The 27 court must dismiss a complaint or…