Ciolli

(PC) Mois v. Ciolli

Good Law
United States District Court, Eastern District of CaliforniaDecember 15, 20211:20-cv-00885California3,596 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

EMANUEL MOIS, Case No. 1:20-cv-00885-JLT (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS SECOND A MENDED

v. COMPLAINT WITHOUT LEAVE TO

AMEND

A. CIOLLI, et al., (Doc. 21) Defendants.

14-DAY DEADLINE 16 Plaintiff is a federal inmate who has filed a second amended complaint asserting constitutional claims against federal officials. (Doc. 21.) Plaintiff brings this action pursuant to Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971). A Bivens action is the federal analog to suits brought against state officials under 42 U.S.C. § 1983. Hartman v. Moore, 547 U.S. 250, 255 (2006) (citing Wilson v. Layne, 526 U.S. 603, 609 (1999)). Generally, the Court is required to screen complaints brought by inmates seeking relief against a governmental entity or an officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if the…

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