(PC) Lupercio v. People of the State of CA

Good Law
United States District Court, Eastern District of CaliforniaSeptember 23, 20211:21-cv-01257California1,858 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 RAMON NAVARRO LUPERCIO, Case No. 1:21-cv-01257-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

REGARDING DISMISSAL OF ACTION,

v. WITH PREJUDICE, FOR THE FAILURE TO

STATE A COGNIZABLE CLAIM AND AS

LOPEZ, et al., FRIVOLOUS Defendants. (ECF No. 14) FOURTEEN (14) DAY DEADLINE 14 Plaintiff Ramon Navarro Lupercio (“Plaintiff”) is a state prisoner proceeding pro se and in 15 forma pauperis in this civil rights action under 42 U.S.C. § 1983. Plaintiff filed a first amended 16 complaint without first waiting for screening of the original complaint. Plaintiff’s first amended 17 complaint, filed on August 31, 2021, is currently before the Court for screening. (Doc. 14.)

I. Screening Requirement and Standard

19 The Court is required to screen complaints brought by prisoners seeking relief against a 20 governmental entity and/or against an officer or employee of a governmental entity. 28 U.S.C. 21 § 1915A(a). …

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