Diaz

(PC) Puckett v. Diaz

Good Law
United States District Court, Eastern District of CaliforniaApril 7, 20222:21-cv-00294California928 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 8 DURRELL ANTHONY PUCKETT, Case No. 2:21-cv-00294-JDP (PC) Plaintiff, SCREENING ORDER THAT PLAINTIFF: v. (1) STAND BY HIS COMPLAINT

SUBJECT TO DISMISSAL, OR

RALPH DIAZ, et al., (2) FILE AN AMENDED Defendants. COMPLAINT ECF No. 9 THIRTY-DAY DEADLINE 16 17 18 Plaintiff has filed a second amended complaint alleging that defendants violated his rights 19 by requiring him to wear a bite mask and refusing to allow him to challenge that restriction. ECF 20 No. 9 at 4. The claim is not adequately pled, however. I will give plaintiff an opportunity to 21 amend his complaint before recommending that it be dismissed. 22 Screening and Pleading Requirements 23 A federal court must screen a prisoner’s complaint that seeks relief against a governmental 24 entity, officer, or employee. See 28 U.S.C. § 1915A(a). The court must identify any cognizable 25 claims and dismiss any portion of the complaint…

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