Potts

(PC) Hernandez v. Potts

Good Law
United States District Court, Eastern District of CaliforniaDecember 16, 20202:20-cv-01912California692 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY CESAR HERNANDEZ, No. 2:20-cv-1912 CKD P Plaintiff, v. ORDER AND T. POTTS, et al., FINDINGS AND RECOMMENDATIONS Defendants. 16 Plaintiff is a California prisoner proceeding pro se and seeking relief pursuant to 42 U.S.C. § 1983. On October 13, 2020, the court screened plaintiff’s complaint as the court is required to do under 28 U.S.C. § 1915A(a). Plaintiff’s complaint was dismissed with leave to file an amended complaint. Plaintiff has filed an amended complaint. As plaintiff now knows, 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 or malicious,” that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant…

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