Kelley

(PC) Davis v. Kelley

Good Law
United States District Court, Eastern District of CaliforniaMarch 27, 20232:22-cv-00773California3,445 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JONATHAN DAVIS, No. 2:22-cv-0773 DB P Plaintiff, v. ORDER K. KELLEY, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims that he has received inadequate medical care in violation of his rights. Presently before the court is the third amended complaint for screening. (ECF No. 17.) For the reasons set forth below, the court will give plaintiff the option to proceed with the complaint as screened or amend the complaint. SCREENING I. Legal Standards 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. See 28 U.S.C. § 1915A(a). The court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally “frivolous or malicious,” that fail to state a…

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