(PC) Johnston v. CDCR Health Care

Good Law
United States District Court, Eastern District of CaliforniaDecember 15, 20211:21-cv-01322California3,069 words

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…

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