(PC) Roberts v. Lynch
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID NATHANIEL ROBERTS, No. 2:20-cv-01349 WBS DB P Plaintiff, v. ORDER WARDEN LYNCH, Defendant.
16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims defendants violated his rights by improperly taking funds from his prison trust account and withholding his legal mail. Presently before the court is plaintiff’s First Amended Complaint (“FAC”) for screening. (ECF No. 17.) For the reasons stated below, plaintiff will be given the option to proceed on his cognizable claims or be given leave to amend his complaint. SCREENING I. Legal Standards The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or an officer or employee of a governmental entity. See 28 U.S.C. § 1915A(a). The court must dismiss a complaint or portion thereof if the prisoner has raised claims…