Austen

Williams v. Austen

Good Law
United States District Court, Northern District of CaliforniaMay 1, 20204:19-cv-06882California2,154 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

EMMANUEL DONTEZE WILLIAMS,

Case No. 19-cv-06882-YGR (PR) Plaintiff, ORDER OF SERVICE v.

Z. AUSTEN,

10 Defendant.

I. INTRODUCTION Plaintiff, a state prisoner, has filed a pro se civil rights action pursuant to 42 U.S.C. § 1983, stemming from a June 7, 2018 incident at Pelican Bay State Prison (“PBSP”), where he is still currently housed. He alleges that Defendant PBSP Correctional Officer Z. Austen used excessive force against him. Plaintiff seeks compensatory and punitive damages. Plaintiff has filed a motion for leave to proceed in forma pauperis, which will be granted in a separate written Order. Venue is proper because the events giving rise to the claim are alleged to have occurred at PBSP which is located in this judicial district. See 28 U.S.C. § 1391(b). II. DISCUSSION A. Standard of Review A federal court must conduct a preliminary screening in any case in which a prisoner seeks …

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