Cates
(PC) Mayberry v. Cates
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 MICHAEL CHARLES MAYBERRY, Case No.: 1:22-cv-1177-BAM (PC) Plaintiff, ORDER DIRECTING CLERK OF COURT TO
RANDOMLY ASSIGN DISTRICT JUDGE
v.
FINDINGS AND RECOMMENDATIONS TO
BRIAN CATES, et al., DISMISS ACTION FOR FAILURE TO
STATE A CLAIM
Defendants. (ECF No. 9)
FOURTEEN (14) DAY DEADLINE
16 Plaintiff Michael Charles Mayberry (“Plaintiff”) is a state prisoner proceeding pro se and 17 in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The Court screened 18 Plaintiff’s complaint and granted leave to amend. Plaintiff’s first amended complaint, filed on 19 November 10, 2022, is currently before the Court for screening. (ECF No. 9.)
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…