Gosai

(PC) Hicks v. Gosai

Good Law
United States District Court, Eastern District of CaliforniaJune 22, 20212:20-cv-02303California978 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 DARYL ANTHONY HICKS, Case No. 2:20-cv-02303-JDP (PC) Plaintiff, SCREENING ORDER THAT PLAINTIFF

ADVISE WHETHER HE WILL:

v. (1) PROCEED ONLY WITH HIS GOSAI, et al., EIGHTH AMENDMENT SEXUAL

HARASSMENT CLAIM AGAINST

Defendants. DEFENDANT GOSAI AND

VOLUNTARILY DISMISS ALL

OTHER CLAIMS; OR (2) FILE A SECOND AMENDED

COMPLAINT

17 ECF No. 11

SIXTY-DAY DEADLINE

19 Plaintiff’s Eighth Amendment sexual harassment claim against defendant Gosai is cognizable. His Sixth Amendment right to counsel claim, however, is not. Plaintiff must choose whether to proceed only with his Eighth Amendment claim or to file a second amended complaint. Screening and Pleading Requirements A federal court must screen a prisoner’s complaint that seeks relief against a governmental entity, officer, or employee. See 28 U.S.C. § 1915A(a). The court…

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