Pesce
(PC) Montezello v. Pesce
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 RAYMOND MONTEZELLO aka ROY A. No. 2:21-cv-0906-EFB P
MONTES,
11 Plaintiff, ORDER v. 13 PESCE, et al., 14 Defendants.
16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. After the court screened plaintiff’s original complaint pursuant to 28 U.S.C. § 1915A, he filed an amended complaint (ECF No. 11) which the court must now screen.1 Screening Order Plaintiff alleges the following: Plaintiff is a target for discrimination, harassment, and abuse from other inmates because of his mental illness. ECF No. 11 at 17-18. On May 18, 2020, inmate Padilla loudly and openly challenged plaintiff to a fight. Id. at 7-9. Plaintiff claims that defendant correctional officers Gaetano, Pesce, and Mott, who could all see and hear Padilla’s
1 Federal courts must engage in a preliminary screening of cases in which prisoners seek redress from a governmental entity or officer or employee of a…