Ables

(PC) Hamilton v. Ables

Good Law
United States District Court, Eastern District of CaliforniaNovember 6, 20232:23-cv-00050California3,444 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID HAMILTON, No. 2:23-cv-0050 DB P Plaintiff, v. ORDER L. ABLES et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims defendants used excessive force against him in violation of his Eighth Amendment rights. Presently before the court is plaintiff’s complaint (ECF No. 12) for screening. For the reasons set forth below, the undersigned will give plaintiff the option to proceed with the complaint as screened or file an amended complaint. SCREENING I. Legal Standards The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or an officer or employee of a governmental entity. See 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,”…

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