Gates
(PC) Rojas v. Gates
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ERIC A. ROJAS, Case No. 1:23-cv-01428-BAM (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO
DISMISS ACTION FOR FAILURE TO
13 v. STATE A CLAIM 14 GATES, et al., (ECF No. 13) 15 Defendants. FOURTEEN (14) DAY DEADLINE
16 17 Plaintiff Eric A. Rojas (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action under 42 U.S.C. § 1983. The court screened Plaintiff’s 19 complaint, and Plaintiff was granted leave to amend. Plaintiff’s first amended complaint is 20 currently before the Court for screening. (ECF No. 13.) 21 I. Screening Requirement and Standard 22 The Court is required to screen complaints brought by prisoners seeking relief against a 23 governmental entity and/or against an officer or employee of a governmental entity. 28 U.S.C. 24 § 1915A(a). Plaintiff’s complaint, or any portion thereof, is subject to dismissal if it is frivolous 25 or malicious, if it fails to state a…