CDCR
(PC) Ross v. CDCR
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MALCOLM RAY ROSS, Case No. 2:23-cv-01920-JDP (PC) Plaintiff, v. ORDER CDCR, et al., Defendants. 16 Plaintiff Malcolm Ray Ross is a state inmate proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983. The complaint alleges that plaintiff was subjected to toxic drinking water while incarcerated at Deuel Vocational Institution. The claims as alleged cannot proceed. I will grant him the opportunity to amend his complaint. Plaintiff’s application for leave to proceed in forma pauperis makes the required showing and will be granted. Screening and Pleading Requirements A federal court must screen a prisoner’s complaint that seeks relief against a governmental entity, officer, or employee. See 28 U.S.C. § 1915A(a). The court must identify any cognizable claims and dismiss any portion of the complaint that is frivolous or malicious, that fails to state a claim upon which…