Hogan

Williams v. Hogan

Good Law
United States District Court, Eastern District of CaliforniaApril 15, 20221:22-cv-00044California2,186 words

Opinion

Trial Court Opinion

INTRODUCTION

18 Clifton Williams, Jr. (“Plaintiff”), proceeding pro se and in forma pauperis, filed this 19 civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States 20 magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On February 25, 2022, the Court screened Plaintiff’s complaint and granted leave to file a 22 first amended complaint. (ECF No. 7.) Currently before the Court is Plaintiff’s first amended 23 complaint, filed on March 9, 2022. (ECF No. 8.) For the reasons discussed herein, it is 24 recommended that Plaintiff’s complaint be dismissed for failure to state a cognizable claim.

II.

SCREENING REQUIREMENT

27 Notwithstanding any filing fee, the court shall dismiss a case if at any time the Court determines that the complaint “(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2); see Lopez v. Smith, 203 F.3d 1122, 1129 (9th Cir. 2000) (section 1915(e) applies to all in forma pauperis complaints, not just those filed by prisoners); Calhoun …

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