Covello

(PC) Sierra v. Covello

Good Law
United States District Court, Eastern District of CaliforniaOctober 4, 20232:22-cv-00488California3,786 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANCISCO SIERRA, No. 2:22-cv-0488 TLN KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

PATRICK COVELLO, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding pro se and in forma pauperis. This proceeding was referred to this court pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302. Plaintiff’s third amended complaint is before the court. As discussed below, the undersigned denies plaintiff’s pending motions and recommends that plaintiff’s amended pleading be dismissed without leave to amend, and this action be dismissed. Screening Standards The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 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 a claim upon which…

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