Shaffer

(PC) Victory v. Shaffer

Good Law
United States District Court, Eastern District of CaliforniaJanuary 11, 20231:20-cv-00738California3,467 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL A. VICTORY, Case No. 1:20-cv-00738-CDB (PC)

Plaintiff,

FINDINGS AND RECOMMENDATIONS

v. TO DISMISS ACTION

J. SHAFFER, et al., 14-DAY OBJECTION PERIOD

Defendants. Clerk of the Court to assign District Judge 16 Michael A. Victory alleges the defendants violated his Fourteenth Amendment rights during parole suitability hearings. (Doc. 16.) The Court finds that Plaintiff’s second amended complaint fails to state a cognizable claim under federal law. Because amendment would be futile, the undersigned will recommend dismissal of this action. I. SCREENING REQUIREMENT The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or an officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if the complaint is frivolous or malicious, fails to state a claim upon which relief may be granted, or…

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