(PC) De La Cruz v. Superior Court of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALFONSO VALERIANO DE LA CRUZ, No. 2:19-cv-02430 KJM DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO, et al., 15 Defendants. 16 Plaintiff, an inmate proceeding pro se and in forma pauperis, seeks relief pursuant to 42 U.S.C. § 1983. Before the court is plaintiff’s first amended complaint (“FAC”) for screening. (ECF No. 6.) For the reasons stated below, the court will recommend that the FAC be dismissed without leave to amend. SCREENING I. Legal Standards The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or an officer or employee of a governmental entity. See 28 U.S.C. § 1915A(a). The court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek monetary relief…