(PC) Lucero v. State of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TIMOTHY PAUL LUCERO, No. 2:23-cv-2844 KJN P Plaintiff, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
STATE OF CALIFORNIA, et al., Defendants. 16 Plaintiff is a county prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. On January 22, 2024, the court dismissed plaintiff’s complaint with leave to amend. (ECF No. 9.) Pending before the court is plaintiff’s amended complaint. (ECF No. 11.) For the reasons stated herein, this court recommends dismissal of this action. Screening Standards The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The court must dismiss a complaint or portion thereof if the prisoner raised claims that are legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek monetary relief…