Martinez

(PC) Brummett v. Martinez

Good Law
United States District Court, Eastern District of CaliforniaAugust 23, 20211:21-cv-00086California2,543 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MELVIN RAY BRUMMETT, JR., Case No. 1:21-cv-00086-DAD-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

REGARDING DISMISSAL OF CERTAIN

v. CLAIMS AND DEFENDANTS

LOPEZ, et al., (ECF No. 17) Defendants. FOURTEEN (14) DAY DEADLINE 16 Plaintiff Melvin Ray Brummett (“Plaintiff”) is a state prisoner proceeding pro se and in 17 forma pauperis in this civil rights action under 42 U.S.C. § 1983. Plaintiff’s complaint was 18 screened, and Plaintiff was granted leave to amend. Plaintiff first amended complaint, filed on 19 August 19, 2021, is before the Court for screening. (Doc. 17.)

I. Screening Requirement and Standard

21 The Court is required to screen complaints brought by prisoners seeking relief against a 22 governmental entity and/or against an officer or employee of a governmental entity. 28 U.S.C. 23 § 1915A(a). Plaintiff’s complaint, or any portion thereof, is subject to dismissal if it is frivolous 24 or malicious, if it fails to state a…

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