Gamboa
(PC) Fernandez v. Gamboa
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 BRANDON ALEXANDER Case No. 1:21-cv-01748-JLT-BAM (PC) FERNANDEZ, et al., SCREENING ORDER GRANTING Plaintiff, PLAINTIFF LEAVE TO FILE AMENDED COMPLAINT v. (ECF No. 1) MARTIN GAMBOA, et al., THIRTY (30) DAY DEADLINE Defendants.
17 Plaintiff Brandon Alexander Fernandez (“Plaintiff”) is a state prisoner proceeding pro se 18 and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff’s 19 complaint, filed on December 9, 2021, is before the Court for screening. (Doc. 1.)
I. Screening Requirement and Standard
21 The Court is required to screen complaints brought by prisoners seeking relief against a 22 governmental entity and/or against an officer or employee of a governmental entity. 28 U.S.C. 23 § 1915A(a). Plaintiff’s complaint, or any portion thereof, is subject to dismissal if it is frivolous 24 or malicious, if it fails to state a claim upon which…