Romero
(PC) O'Connor v. Romero
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GLENN O’CONNOR, Case No. 2:23-cv-00945-JDP (PC) Plaintiff, ORDER SCREENING PLAINTIFF’S
COMPLAINT
v. ECF No. 8 C. ROMERO,
Defendant. 16 17 Plaintiff, a state prisoner proceeding without counsel, alleges that correctional officer Romero knowingly left him in his cell while he was suffering from a medical emergency. The complaint is framed as asserting an Eighth Amendment deliberate indifference claim, but it also appears to allege a state tort claim for intentional infliction of emotional distress. Out of an abundance of caution, the court will grant plaintiff the opportunity to either proceed with his cognizable Eighth Amendment claim or amend his complaint. 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…