Rivas

Rivas v. Cook

Good Law
United States District Court, Eastern District of CaliforniaMarch 9, 20211:20-cv-01484California870 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANIEL RIVAS, No. 1:20-cv-01484-DAD-SAB (PS) Plaintiff, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

JIM COOK, et al., ACTION Defendants. (Doc. No. 13) 16 Plaintiff Daniel Rivas is a state prisoner proceeding pro se and in forma pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On January 4, 2021, the assigned magistrate judge screened plaintiff’s first amended complaint (“FAC”) and issued findings and recommendations recommending that the FAC be dismissed without further leave to amend being granted. (Doc. No. 13.) The magistrate judge found that plaintiff fails to state a cognizable claim against the two defendants in this action— defendant Walsh (the prosecutor in plaintiff’s underling criminal case) and defendant Cook (a private…

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