Peter Garcia v. Ralph Diaz

I. INTRODUCTION

On November 23, 2020, Plaintiff Peter Garcia (“Plaintiff”), a California inmate housed at Ironwood State Prison (“ISP”), proceeding pro se, filed a Complaint in the United States District Court, Eastern District of California, alleging violations of his civil rights pursuant to 42 U.S.C. § 1983 (“Section 1983”). (Compl., ECF No. 1.) On December 15, 2020, the lawsuit was transferred to this Court. (ECF No. 5.) On December 16, 2020, the Court granted Plaintiff’s Request to Proceed Without Prepayment of Filing Fees. (ECF Nos. 2, 7.)

II. LEGAL STANDARD

Federal courts must conduct a preliminary screening of any case in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity, or in which a plaintiff proceeds in forma pauperis. 28 U.S.C. §§ 1915(e)(2)(B), 1915A(b). The court must identify cognizable claims and dismiss any complaint, or any portion thereof, that is frivolous or malicious, or fails to state a claim upon which relief may be granted. Id. When screening a complaint to determine whether it fails to state a claim upon which relief can be granted, courts apply the Federal Rule of Civil Procedure1…