(PC) Carter v. California Correctional Institution
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.…