Bird
(PC) Taylor v. Bird
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 ARTHUR TAYLOR, No. 2:20-cv-2007 JAM DB P Plaintiff, v. ORDER LANDON BIRD, Defendant. 15 Plaintiff, a state prisoner, proceeds pro se with a civil rights action. Plaintiff’s amended complaint filed on July 28, 2021 (ECF No. 24) is before the court for screening. I. Screening Requirement The in forma pauperis statute provides, “Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that... the action or appeal... fails to state a claim upon which relief may be granted.” 28 U.S.C. § 1915(e)(2)(B)(ii). II. Pleading Standard Section 1983 “provides a cause of action for the deprivation of any rights, privileges, or immunities secured by the Constitution and laws of the United States.” Wilder v. Virginia Hosp. Ass’n, 496 U.S. 498, 508 (1990) (quoting 42 U.S.C. § 1983). Section 1983 is not itself a source of 27 …