Vangerwen

(PC) Anderson v. Vangerwen

Good Law
United States District Court, Eastern District of CaliforniaDecember 2, 20202:20-cv-00246California2,551 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RYAN DAVID ANDERSON, No. 2:20-cv-0246 KJM DB P Plaintiff, v. ORDER VANGERWEN, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims defendants violated his rights in various ways, including by using excessive force against him. Presently before the court is plaintiff’s amended complaint for screening. (ECF No. 12.) For the reasons set forth below the court will dismiss the amended complaint with leave to amend. SCREENING I. Legal Standards The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or an officer or employee of a governmental entity. See 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 or malicious,” that fail to state a claim…

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