Ellawendy
Ellawendy v. Benal
Opinion
trial_court Opinion
INTRODUCTION
14 Plaintiff filed this pro se complaint under 42 U.S.C. § 1983 against officials at the 15 Monterey County Jail, where he was formerly incarcerated. For the reasons discussed below, 16 the complaint is DISMISSED for failure to state a cognizable claim for relief. Leave to proceed 17 in forma pauperis is granted in a separate order. 18
ANALYSIS
19
A. STANDARD OF REVIEW
20 Federal courts must engage in a preliminary screening of cases in which a plaintiff seeks 21 to proceed in forma pauperis (“IFP”). 28 U.S.C. § 1915(e). In its review the court must dismiss 22 any claims which are frivolous, malicious, fail to state a claim upon which relief may be 23 granted, or seek monetary relief from a defendant who is immune from such relief. Id. at § 24 1915A(b)(1),(2). Pro se pleadings must be liberally construed. Balistreri v. Pacifica Police 25 Dep't, 901 F.2d 696, 699 (9th Cir. 1990). 26 Federal Rule of Civil Procedure 8(a)(2) requires only "a short and plain statement of the 27 claim showing that the pleader is entitled to relief." “Specific facts are not necessary; the 28 statement need only ‘“give the defendant fair notice of what the . . . . claim is…