Polley

(PC) Schowachert v. Polley

Good Law
United States District Court, Eastern District of CaliforniaAugust 4, 20231:21-cv-01107California2,054 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN PAUL FRANK SCHOWACHERT, Case No. 1:21-cv-01107-HBK (PC) Plaintiff, ORDER TO SHOW CASUE WHY CLAIM IS

NOT TIME BARRED OR OTHERWISE

v. FINDING COMPLAINT FRIVOLOUS1 BILL POLLEY and ALL OFFICERS ON (Doc. No. 1)

DUTY ON JANUARY 13, 2017,

SEPTEMBER 5, 2023, DEADLINE Defendants. 16 Pending before the Court for screening under 28 U.S.C. § 1915A is the pro se civil rights complaint filed under 42 U.S.C. § 1983 by John Paul Frank Schowachert—a prisoner. (Doc. No. 1, “Complaint”). Upon review, the Court finds the Complaint fails to state a federal claim. The Court affords Plaintiff the option to file an amended complaint or voluntarily dismiss his Complaint before recommending the district court dismiss this action. SCREENING REQUIREMENT A plaintiff who commences an action while in prison is subject to the Prison Litigation Reform Act (“PLRA”), which requires, inter alia, the court to…

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