Dyer

Dyer v. Napa State Hospital

Good Law
United States District Court, Northern District of CaliforniaFebruary 7, 20203:19-cv-04586California1,323 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JEWEL E DYER, Case No. 19-cv-04586-JD

Plaintiff,

ORDER OF DISMISSAL WITH

v. LEAVE TO AMEND

NAPA STATE HOSPITAL, Defendant.

12 Plaintiff, who is detained at Atascadero State Hospital, has filed 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. …

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