Herrera

Herrera v. Price

Good Law
United States District Court, Eastern District of CaliforniaOctober 31, 20231:21-cv-01070California3,768 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RUBEN HERRERA, Case No. 1:21-cv-01070-HBK (PC) Plaintiff, ORDER TO ASSIGN A DISTRICT JUDGE v. FINDINGS AND RECOMMENDATIONS TO

DISMISS CASE1

BRANDON PRICE, (Doc. No. 7) Defendant. 14-DAY OBJECTION PERIOD 16 Pending before the Court is the first amended pro se civil rights complaint filed under 42 U.S.C. § 1983 by Ruben Herrera—a civil detainee. (Doc. No. 7, “FAC”). Upon review, the undersigned finds the FAC fails to state any cognizable federal claim and recommends the district court dismiss this case for failure to state a claim under 28 U.S.C. § 1915(e)(2)(b)(ii). BACKGROUND AND SUMMARY OF OPERATIVE COMPLAINT Plaintiff initiated this action by filing a civil rights complaint under 42 U.S.C. §1983. On June 8, 2023, the undersigned screened the Complaint under 28 U.S.C. § 1915 and found that it failed to state any cognizable constitutional claim. (See Doc. No. 6). The undersigned afforded…

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