Calamia
(PC) Tate v. Calamia
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEREK TATE, No. 2:23-cv-1637 CKD P Plaintiff, v. ORDER TIARA CALAMIA, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis seeking relief pursuant to 42 U.S.C. § 1983. On August 31, 2023, the court dismissed plaintiff’s complaint with leave to amend. Plaintiff has filed an amended complaint. 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). Under Rule 8 of the Federal Rules of Civil Procedure a complaint must generally be short and plain. Plaintiff’s amended complaint suffers from the same problem as the original: it is not short and plain. Instead, it is rambling, confusing, conclusory (meaning certain allegations are conclusions only and not supported by factual allegations) and, at times, not legible. Further, plaintiff has…