Cook

Cook v. Torres

Good Law
United States District Court, Northern District of CaliforniaNovember 6, 20194:19-cv-01370California1,618 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DAVID L. COOK, Case No. 19-cv-01370-PJH

Plaintiff,

ORDER OF DISMISSAL WITH LEAVE

v. TO AMEND

CITY OF ANTIOCH, et al., Defendants.

12 Plaintiff, a detainee, proceeds with a pro se civil rights complaint under 42 U.S.C. § 1983. The original complaint was dismissed with leave to amend and plaintiff has filed an amended complaint. DISCUSSION STANDARD OF REVIEW Federal courts must engage in a preliminary screening of cases in which prisoners seek redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). In its review the court must identify any cognizable claims, and dismiss any claims which are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek monetary relief from a defendant who is immune from such relief. Id. at 1915A(b)(1),(2). Pro se pleadings must be liberally construed. Balistreri v. Pacifica…

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