Warden
(PC) Foust v. Warden
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CARL FOUST, No. 2:21-CV-0312-DJC-DMC-P Plaintiff, v. ORDER WARDEN, Defendant. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 U.S.C. § 1983. Before the Court is Plaintiff’s second amended complaint. ECF No. 43. 19 I. SCREENING REQUIREMENT The Court must screen complaints from prisoners seeking relief against a governmental entity, officer, or employee. See 28 U.S.C. § 1915A(a). The Court must identify any cognizable claims and dismiss any portion of the complaint that is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. See 28 U.S.C. § 1915A(b)(1), (2). / / / / / / / / / A complaint must contain a short and plain statement of the claim showing that a plaintiff is entitled to relief. Fed. R. Civ. P. 8(a)(2). The…