Lucas

(PC) Alexander v. Lucas

Good Law
United States District Court, Eastern District of CaliforniaJuly 29, 20212:19-cv-02082California2,208 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STEPHON DEJON ALEXANDER, No. 2:19-cv-2082 AC Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

KERR LUCAS, Defendant. 16 Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983. The First Amended Complaint, ECF No. 11, is before the court for screening. I. Statutory Screening of Prisoner Complaints The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The court must dismiss a complaint or portion thereof if the prisoner has raised claims that are “frivolous, malicious, or fail[] to state a claim upon which relief may be granted,” or that “seek[] monetary relief from a defendant who is immune from such relief.” 28 U.S.C. § 1915A(b). A claim “is [legally] frivolous where it lacks an arguable basis either in law or in fact.” Neitzke v. Williams, 490…

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