(PC) Carter v. California Correctional Institution

Good Law
United States District Court, Eastern District of CaliforniaJune 29, 20211:19-cv-00358California4,081 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

10 KEITH REAGAN CARTER, Case No. 1:19-cv-00358-DAD-JLT (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS SECOND AMENDED

v. COMPLAINT WITHOUT LEAVE TO

AMEND

CALIFORNIA CORRECTIONAL INSTITUTION, et al., (Doc. 21) 15 Defendants. 14-DAY DEADLINE 16 17 The Court must dismiss a complaint or portion thereof if the prisoner has raised claims 18 that are legally “frivolous or malicious,” that fail to state a claim upon which relief may be 19 granted, or that seek monetary relief from a defendant who is immune from such relief. 28 20 U.S.C. § 1915A(b)(1), (2). “Notwithstanding any filing fee, or any portion thereof, that may have 21 been paid, the court shall dismiss the case at any time if the court determines that . . . the action 22 or appeal . . . fails to state a claim upon which relief may be granted.” 28 U.S.C. § 23 1915(e)(2)(B)(ii). I. PLEADING STANDARDS 25 A complaint must contain “a short and plain statement of the claim showing that the 26 pleader is entitled to relief.” Fed. R. Civ.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.