Diaz
(PC) Smith v. Diaz
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LAWRENCE CHRISTOPHER SMITH, Case No. 1:20-cv-00349-JLT-HBK (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS TO
DISMISS CASE1
v. (Doc. No. 35) RALPH DIAZ, et al.,
FOURTEEN-DAY OBJECTION PERIOD
Defendants.
16 Plaintiff Lawrence Christopher Smith (Plaintiff) is a state prisoner proceeding pro se and in forma pauperis on his First Amended Complaint filed pursuant to 42 U.S.C. § 1983. (Doc. No. 35). For the reasons set forth below, the undersigned recommends that the district court dismiss the First Amended Complaint with prejudice. SCREENING REQUIREMENT A plaintiff who commences an action while in prison is subject to the Prison Litigation Reform Act (“PLRA”), which requires, inter alia, the court to screen a complaint that seeks relief against a governmental entity, its officers, or its employees before directing service upon any defendant. 28 U.S.C. § 1915A. This requires the court to identify any cognizable claims and…