Kabede

Kabede v. California State Governor's Parole Board Hearing Department

Good Law
United States District Court, Northern District of CaliforniaJuly 21, 20205:20-cv-01683California1,431 words

Opinion

Trial Court Opinion

DISCUSSION

24 A. Standard of Review 25 A federal court must conduct a preliminary screening in any case in which a 26 prisoner seeks redress from a governmental entity or officer or employee of a 27 cognizable claims and dismiss any claims that 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. See id. § 1915A(b)(1),(2). Pro se pleadings must, however, be liberally construed. See Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th Cir. 1988). To state a claim under 42 U.S.C. § 1983, a plaintiff must allege two essential elements: (1) that a right secured by the Constitution or laws of the United States was violated, and (2) that the alleged violation was committed by a person acting under the color of state law. See West v. Atkins, 487 U.S. 42, 48 (1988). B. Plaintiff’s Claims Plaintiff initiated this action by filing a motion with following title: “Motion: pursuant order Case No. C 01-1351-TEH & No. 2” 90-cv-0520-LKK-DAD (PC) Northern & Eastern District Court: I am requesting your court to order the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.