(PC) Jolivette v. People of the State of California

Good Law
United States District Court, Eastern District of CaliforniaMay 25, 20212:21-cv-00306California1,159 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PAUL PATRICK JOLIVETTE, No. 2:21-cv-0306 KJM DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS PEOPLE OF THE STATE OF

CALIFORNIA,

15 Defendant. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. On March 30, 2021, it was recommended that plaintiff not be allowed to proceed in forma pauperis under 28 U.S.C. § 1915(g) in this case. (ECF No. 10.) Plaintiff subsequently paid the filing fee. Notwithstanding the payment of the filing fee, the court is required to screen this complaint brought by a prisoner and seeking relief against a governmental entity or officer or employee of a governmental entity. See 28 U.S.C. § 1915A(a). Pursuant to section 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…

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