Cota

(PC) Hammler v. Cota

Good Law
United States District Court, Eastern District of CaliforniaMay 12, 20212:19-cv-01423California1,286 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 ALLEN HAMMLER, Case No. 2:19-cv-01423-JAM-JDP (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

THAT PLAINTIFF’S EIGHTH

v. AMENDMENT EXCESSIVE FORCE

CLAIMS AGAINST DEFENDANTS COTA

E. COTA, et al., AND REILLY PROCEED AND THAT ALL

OTHER CLAIMS BE DISMISSED

Defendants. WITHOUT PREJUDICE

ECF No. 34 16 17 In his third amended complaint, plaintiff Hammler alleges that defendants Cota and Reilly used excessive force against him during a prison escort. ECF No. 34. This claim is cognizable. He makes several other claims that, as discussed below, are not. 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 must identify any cognizable claims and dismiss any portion of the complaint that is frivolous or malicious, fails to state a…

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