(PS) Harp v. The Modesto Gospel Mission

Good Law
United States District Court, Eastern District of CaliforniaMay 17, 20231:23-cv-00718California3,260 words

Opinion

Trial Court Opinion

I. INTRODUCTION

18 Plaintiff Lewis Wayne Harp, III is a state prisoner. On May 10, 2023, Plaintiff, proceeding 19 pro se, filed a civil complaint against Defendants “The Modesto Gospel Mission” and its “Head of 20 Security.” (Doc. 1 (“Compl.”).) Plaintiff purports to allege a cause of action under 42 U.S.C. § 21 1983 (“Section 1983”) because he was “illegally detained by the head of security” at the Modesto 22 Gospel Mission, which “lead [sic] to [his] incarceration.” (Compl. at 3.) For relief, Plaintiff 23 “want[s] the Modesto Gospel Mission to know this is a serious matter” and “to produce the name of 24 the security guard and documentation of the incident.” (Id. at 6.) Plaintiff also filed an application 25 to proceed in forma pauperis, which was granted on May 12, 2023. (Docs. 2 & 9.) 26 Plaintiff’s complaint is now before the Court for screening. The Court finds Plaintiff has 27 not stated a cognizable claim, but may be able to correct the deficiencies in his pleading. Thus, 28 Plaintiff is provided the pleading and legal standards for his claims and is granted leave to file a first amended complaint. A. Screening Requirement and Standard …

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