Diaz

(PC) Flow-Sunkett v. Diaz

Good Law
United States District Court, Eastern District of CaliforniaMarch 18, 20212:19-cv-01009California5,282 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRITTNEY FLOW-SUNKETT, GLENN No. 2:19-cv-1009 KJM KJN P

SUNKETT,

12 Plaintiffs, ORDER AND FINDINGS AND v. RECOMMENDATIONS 14 RALPH DIAZ, et al., 15 Defendants. 16 I. Introduction Plaintiffs, a state prisoner and his wife, both proceeding pro se, filed this civil rights action seeking relief under 42 U.S.C. § 1983, and the wife paid the court’s filing fee. Because the nature of plaintiffs’ allegations concern prison conditions and seek relief from officers of a government entity, this case was deemed to be a prisoner case, and the matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. This action proceeds on plaintiffs’ second amended complaint. As discussed below, the undersigned finds that plaintiffs state a potentially cognizable due process claim, but their remaining claims should be dismissed without prejudice. II. Screening Standards A federal court must engage…

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