Montejo
(PC) Sierra v. Montejo
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUAN SIERRA, No. 2:20-CV-1372-KJM-DMC-P Plaintiff, v. ORDER E.M. MONTEJO, Defendant. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 U.S.C. 17 § 1983. Before the court is Plaintiff’s complaint. See ECF No. 1. The Court dismisses the complaint 18 with leave to amend.
I. SCREENING REQUIREMENT
20 The Court must screen complaints from prisoners seeking relief against a 21 governmental entity, officer, or employee. See 28 U.S.C. § 1915A(a). The court must identify any 22 cognizable claims and dismiss any portion of the complaint that is frivolous or malicious, fails to 23 state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is 24 immune from such relief. See 28 U.S.C. § 1915A(b)(1), (2). 25 A complaint must contain a short and plain statement of the claim that a plaintiff is 26 entitled to relief. Fed. R. Civ. P. 8(a)(2). The complaint must provide “enough facts to state…