Saipher

(PC) Perkins v. Saipher

Good Law
United States District Court, Eastern District of CaliforniaMarch 12, 20212:19-cv-02096California1,486 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CALVIN PERKINS, No. 2:19-cv-02096-TLN-CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS MARSHALL SAIPHER, Defendant. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This proceeding was referred to this court pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302. On October 13, 2020, plaintiff filed a second amended complaint which is now before the court for screening. I. Screening Requirement As plaintiff was previously advised, 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 will independently 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…

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