Garcia

(PC) Gunn v. Garcia

Good Law
United States District Court, Eastern District of CaliforniaAugust 9, 20212:20-cv-02232California2,580 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 AUMINTRIUS GUNN, No. 2:20-cv-2232 AC P Plaintiff, v. ORDER R. OLMSTEAD, et al., Defendants. 16 Plaintiff, a county prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983 and state tort law. The undersigned screened the original complaint, found that it did not state a claim for relief, and provided plaintiff an opportunity to file an amended complaint. ECF No. 10. Plaintiff has now filed a first amended complaint. ECF No. 12. 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…

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