Allison
(PC) Atencio v. Allison
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 AARON WILLIAM ATENCIO, Case No. 1:21-cv-00191-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS
RECOMMENDING DISMISSAL OF
v. ACTION WITHOUT PREJUDICE FOR
FAILURE TO STATE A CLAIM
K. ALLISON, et al., (ECF No. 11) Defendants.
FOURTEEN (14) DAY DEADLINE
18 Plaintiff Aaron William Atencio (“Plaintiff”) is a state prisoner proceeding pro se and in 19 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The Court screened 20 Plaintiff’s complaint and granted him leave to amend. Plaintiff’s first amended complaint, filed 21 on May 14, 2021, is currently before the Court for screening. (Doc. 11.)
I. Screening Requirement and Standard
23 The Court is required to screen complaints brought by prisoners seeking relief against a 24 governmental entity and/or against an officer or employee of a governmental entity. 28 U.S.C. 25 § 1915A(a). Plaintiff’s complaint, or any portion thereof, is subject to dismissal if it is frivolous 26 or…