Masterson

(PC) Wiley v. Masterson

Good Law
United States District Court, Eastern District of CaliforniaDecember 10, 20202:20-cv-01738California1,178 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PATRICK WILEY, No. 2:20-cv-1738 KJM CKD P Plaintiff, v. ORDER AND R. MASTERSON, et al., FINDINGS AND RECOMMENDATIONS Defendants. 16 Plaintiff is a state prisoner proceeding pro se and seeking relief pursuant to 42 U.S.C. § 1983. On December 3, 2020, the court recommended that this action be dismissed for plaintiff’s failure to file an amended complaint. As plaintiff has now filed an amended complaint, the court’s December 3, 2020 findings and recommendations will be vacated and the court will screen plaintiff’s amended complaint as the court is required to do under 28 U.S.C. § 1915A(a). Under 28 U.S.C. § 1915A(a), the court must dismiss a complaint or portion thereof if the complaint fails to state a claim upon which relief can be granted. Section 1997(e)(a) of Title 42 of the United States Code provides that “[n]o action shall be brought with respect to prison conditions under section 1983 of this title,…

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