Lopez

(PC) Hunter v. Lopez

Good Law
United States District Court, Eastern District of CaliforniaFebruary 16, 20242:23-cv-01734California3,113 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JIMMY LEE HUNTER, Jr., No. 2:23-cv-01734 DB P Plaintiff, v. ORDER J. LOPEZ, et al., Defendants. 16 Plaintiff, an inmate proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983. Plaintiff claims defendants violated his Eighth Amendment rights through deliberate indifference to his safety. Presently before the court is plaintiff’s first amended complaint for screening (ECF No. 7). For the reasons set forth below the court will dismiss the amended complaint with leave to amend. 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,” that fail to state a claim upon which relief may be 28 …

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