Sergent

(PC) Brown v. Sergent

Good Law
United States District Court, Eastern District of CaliforniaNovember 2, 20232:23-cv-01827California831 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SKYLER R. BROWN, Case No. 2:23-cv-01827-JDP (PC) Plaintiff, ORDER v. S. SERGENT, Defendant 16 17 18 19 20 Plaintiff, a state prisoner proceeding pro se, brings this case against defendant Sergent for violation of her1 Eighth Amendment rights. The complaint is sufficient to state an Eighth Amendment claim against Sergent. Plaintiff’s claims for discrimination, however, are non- cognizable as articulated. Plaintiff may either proceed only with her Eighth Amendment excessive force claim or delay serving the defendant and file an amended complaint. Additionally, I will grant her application to proceed in forma pauperis. ECF No. 2.

1 Plaintiff identifies as a transgender woman. ECF No. 1 at 5. Screening Order I. 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. §…

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