Tappen

(PC) Wilbanks v. Tappen

Bad Law
United States District Court, Eastern District of CaliforniaApril 9, 20212:21-cv-00026California3,937 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JONATHAN WILBANKS, No. 2:21-cv-0026 KJN P Plaintiff, v. ORDER T. TAPPEN, et al., Defendants. 16 I. Introduction Plaintiff is a state prisoner, proceeding pro se and in forma pauperis. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983. Plaintiff’s first amended complaint is before the court. As discussed below, plaintiff’s amended complaint is dismissed, but plaintiff is granted leave to file a second amended complaint. II. Screening Standards 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 who is immune from such relief. 28 U.S.C. §…

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