CDCR

(PC) Muhammad v. CDCR

Good Law
United States District Court, Eastern District of CaliforniaMay 25, 20232:23-cv-00756California960 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KWESI MUHAMMAD, Case No. 2:23-cv-00756-JDP (PC) Plaintiff, ORDER v. CDCR, Defendant. 16 17 Plaintiff, a state prisoner proceeding without counsel, alleges that defendant CDCR violated his rights under Title II of the Americans with Disabilities Act (“ADA”) and Section 504 of the Rehabilitation Act by failing to provide him with two new mattresses to accommodate his long-Covid disability. ECF No. 1 at 7. This case was filed in state superior court and removed to this court by defendant. I must screen prisoner cases removed in this way. See Walker v. Departmental Review Bd., No. 2:17-cv-02191-AC-P, 2017 U.S. Dist. LEXIS 176242, 2017 WL 11517550 *1 (E.D. Cal. Oct. 24, 2017) (“The screening obligation applies where a complaint is removed from state court.”). After review of the complaint, I find that the claims in the complaint are viable to proceed.

28 Screening and Pleading Requirements A…

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