(PC) Johnston v. CDCR Health Care
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CHARLES E. JOHNSTON, Case No. 1:21-cv-01322-NONE-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS
RECOMMENDING DISMISSAL OF
v. ACTION, WITH PREJUDICE, FOR FAILURE
TO STATE A CLAIM
CDCR HEALTH CARE, et al., (ECF No. 13) Defendants.
FOURTEEN (14) DAY DEADLINE
18 Plaintiff Charles E. Johnston (“Plaintiff”) is appearing pro se and in forma pauperis in this 19 civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff’s complaint was screened, and Plaintiff 20 was granted leave to amend. Plaintiff’s first amended complaint, filed on November 17, 2021, is 21 currently before the court for screening. (Doc. 13.)
I. Screening Requirement and Standard
23 The Court is required to screen complaints brought by prisoners seeking relief against a 24 governmental entity and/or against an officer or employee of a governmental entity. 28 U.S.C. 25 § 1915A(a). Plaintiff’s complaint, or any portion thereof, is subject to dismissal if it is frivolous 26 or…