Newsom
(PC) McFadden v. Newsom
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KARSENE MCFADDEN, No. 2:21-cv-02411 DAD DB P Plaintiff, v. ORDER GAVIN C. NEWSOME, et al., Defendants.
17 Plaintiff, an inmate at the Sacramento County Jail, proceeds without counsel and seeks relief under 42 U.S.C. § 1983. This matter was referred to the undersigned by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). Subsequent to the initial complaint filed on December 27, 2021 (ECF No. 1), and prior to screening of the initial complaint, plaintiff filed the first amended complaint. (ECF No. 4.) Then on April 8, 2022, prior to any screening, plaintiff filed a second amended complaint, which is the operative complaint for screening. (ECF No. 10.) As set forth below, the second amended complaint fails to state a claim because (1) plaintiff may not use a civil rights lawsuit to obtain dismissal of state criminal proceedings; and (2) the description of plaintiff’s conditions of confinement are too vague to…