Martinez

Martinez v. Gitova

Good Law
United States District Court, Northern District of CaliforniaMarch 27, 20205:19-cv-03087California924 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 10 RICARDO MARTINEZ, Case No. 19-03087 EJD (PR) 11 Plaintiff,

ORDER OF DISMISSAL v.

E. GITOVA, et al.,

15 Defendants.

17 Plaintiff, a state prisoner, filed the instant pro se civil rights action pursuant to 42 U.S.C. § 1983 against employees at Salinas Valley State Prison (“SVSP”), where he was previously incarcerated. The Court dismissed the complaint with leave to amend to attempt to state sufficient facts to support a First Amendment retaliation claim. Dkt. No. 6. Plaintiff has filed an amended complaint. Dkt. No. 8, hereinafter “Am. Compl.” 23 DISCUSSION A. Standard of Review A federal court must conduct a preliminary screening in any case in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity. See 28 U.S.C. § 1915A(a). In its review, the court must identify any cognizable claims and dismiss any claims that are frivolous, malicious, fail to…

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