(PC) Foster v. State of CA Dept. of Developmental Services
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARTIN LEE FOSTER, No. 2:21-cv-01287-KJM-CKD P Plaintiff, v. ORDER AND STATE OF CALIFORNIA FINDINGS AND RECOMMENDATIONS
DEPARTMENT OF DEVELOPMENTAL
SERVICES, Defendant. 17 Plaintiff is a county inmate proceeding pro se in this civil rights action filed pursuant to 42 18 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 19 U.S.C. § 636(b)(1).
I. Screening Requirement
21 The court is required to screen complaints brought by prisoners seeking relief against a 22 governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The 23 court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally 24 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 25 monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2). 26 A claim is legally frivolous when it lacks…