(PC) Koch v. Sacramento County
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROLAND THOMAS KOCH, No. 2:23-cv-00701 DB P Plaintiff, v. ORDER AND SACRAMENTO COUNTY, et al., FINDINGS AND RECOMMENDATIONS Defendants.
17 Plaintiff, Roland Thomas Koch, proceeds without counsel and seeks relief under 42 U.S.C. § 1983. This matter was referred to the undersigned by Local Rule 302. See 28 U.S.C. § 636(b)(1). Plaintiff’s second amended complaint (“SAC”) filed on January 16, 2024 (ECF No. 11) is before the court for screening. The SAC fails to state a claim and should be dismissed without further leave to amend. I. Screening Requirement Pursuant to 28 U.S.C. § 1915(e), the court must screen every in forma pauperis proceeding, and mut order dismissal of the case if it is “frivolous or malicious,” “fails to state a claim on which relief may be granted,” or “seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B); Lopez v. Smith, 203 F.3d 1122,…