Allen

(PC) Hernandez v. Allen

Good Law
United States District Court, Eastern District of CaliforniaMay 21, 20212:20-cv-01661California2,889 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY C. HERNANDEZ, No. 2:20-cv-1661 DB P Plaintiff, v. ORDER ALLEN, et al., Defendants. 16 Plaintiff is a state inmate proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims jail officials violated his rights while he was confined to the Amador County Jail. Presently before the court is plaintiff’s third amended complaint for screening. (ECF No. 16.) For the reasons set forth below, the court will give plaintiff the option of proceeding with the complaint as screened or filing an amended complaint.

SCREENING

I. Legal Standards

24 The court is required to screen complaints brought by prisoners seeking relief against a 25 governmental entity or an officer or employee of a governmental entity. See 28 U.S.C. § 26 1915A(a). The court must dismiss a complaint or portion thereof if the prisoner has raised claims 27 that are legally “frivolous or malicious,” that fail to…

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