Hill

(PC) Garner v. Hill

Good Law
United States District Court, Eastern District of CaliforniaApril 24, 20232:23-cv-00494California1,618 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARCUS ANDRE GARNER, Case No. 2:23-cv-00494-WBS-JDP (PC) Plaintiff, v. ORDER RICK HILL, et al., Defendants. 16 Defendants Rick Hill, the warden of Folsom State Prison, and Folsom State Prison removed this action from Sacramento Superior Court on March 15, 2023. ECF No. 1. Plaintiff Marcus Garner is a state inmate proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983. In his complaint, he alleges that defendants failed to adequately protect him from contracting COVID-19. These allegations are not sufficient to state a claim. I will give plaintiff an opportunity to file an amended complaint. Screening and Pleading Requirements A federal court must screen a prisoner’s complaint that seeks 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…

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