(PC) Kamilchu v. County of Sacramento

Good Law
United States District Court, Eastern District of CaliforniaJune 26, 20232:21-cv-02245California4,296 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EDUARD KAMILCHU, No. 2:21-cv-02245 DB P Plaintiff, v. ORDER COUNTY OF SACRAMENTO, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. § 1983. Plaintiff alleges that defendants violated his constitutional rights when they repeatedly slammed the food port hatch on plaintiff’s cell door. Before the court is plaintiff’s second amended complaint for screening (ECF No. 17). For the reasons set forth below, the second amended complaint will be dismissed with leave to amend. I. Legal Standards for Civil Rights Complaints 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…

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