(PC)Allen

(PC)Allen v. Arias

Good Law
United States District Court, Eastern District of CaliforniaJuly 12, 20231:22-cv-01502California5,702 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JAMES D. ALLEN, Case No. 1:22-cv-01502-ADA-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

REGARDING DISMISSAL OF CERTAIN

v. CLAIMS AND DEFENDANTS

ARIAS, et al., (ECF No. 12) Defendants.

FOURTEEN (14) DAY DEADLINE

17 Plaintiff James D. Allen (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action under 42 U.S.C. § 1983. The Court screened Plaintiff’s 19 complaint and granted Plaintiff leave to amend. Plaintiff’s first amended complaint is currently 20 before the Court for screening. (ECF No. 12.)

I. Screening Requirement and Standard

22 The Court is required to screen complaints brought by prisoners seeking relief against a 23 governmental entity and/or against an officer or employee of a governmental entity. 28 U.S.C. 24 § 1915A(a). Plaintiff’s complaint, or any portion thereof, is subject to dismissal if it is frivolous 25 or malicious, if it fails to state a claim upon which relief may be…

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