Felder

(PC) Avila v. Felder

Good Law
United States District Court, Eastern District of CaliforniaFebruary 23, 20221:21-cv-01510California2,796 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 ANDREW AVILA, No. 1:21-cv-01510-JLT-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

REGARDING DISMISSAL OF ACTION

v. (ECF No. 14) FELDER, et al.,

FOURTEEN (14) DAY DEADLINE

Defendants. 13 Plaintiff Andrew Avila is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. The Court screened Plaintiff’s complaint and granted leave to amend. Plaintiff’s first amended complaint, filed on January 26, 2022, is currently before the Court for screening. (Doc. 14.) I. Screening Requirement and Standard The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity and/or against an officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). Plaintiff’s complaint, or any portion thereof, is subject to dismissal if it is frivolous or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary relief from a…

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