(PC) Roberts v. California State Prison Sacramento

Good Law
United States District Court, Eastern District of CaliforniaAugust 17, 20212:20-cv-01068California777 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID NATHANIEL ROBERTS, No. 2:20-CV-1068-TLN-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS JEFF LYNCH, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s first amended complaint, ECF No. 21, which has been docketed as Plaintiff’s second amended complaint. The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. See 28 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if it: (1) is frivolous or malicious; (2) fails to state a claim upon which relief can be granted; or (3) seeks monetary relief from a defendant who is immune from such relief. See 28 U.S.C. § 1915A(b)(1), (2). Moreover, the Federal Rules of Civil Procedure require that complaints contain a “. . . short and…

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