(PS)Harding

(PS)Harding v. De Canio

Good Law
United States District Court, Eastern District of CaliforniaDecember 7, 20232:21-cv-02239California1,405 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRENT LEE HARDING, Case No. 2:21-cv-02239-DJC-JDP (PS) Plaintiff, FINDING AND RECOMMENDATIONS

THAT PLAINTIFF’S AMENDED

v. COMPLAINT BE DISMISSED WITHOUT

LEAVE TO AMEND

AARON DE CANIO, et al., ECF No. 7 Defendants.

OBJECTIONS DUE WITHIN FOURTEEN

DAYS 17 Plaintiff Brent Lee Harding is a state inmate proceeding pro se and in forma pauperis. The amended complaint alleges that Rancho Cordova Detective Aaron De Canio violated plaintiff’s right to due process by executing an untimely state search warrant outside of De Canio’s jurisdiction. The allegations do not give rise to a federal claim. I will therefore recommend dismissal of this action. Screening and Pleading Requirements Plaintiff’s complaint is subject to screening under 28 U.S.C. § 1915(e). That statute requires the court to dismiss any action filed by a plaintiff proceeding in forma pauperis that is 26 …

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