Morris
Morris v. Ascencio
Opinion
Trial Court Opinion
INTRODUCTION
14 Plaintiff Phillip Morris alleges that his jailors violated his First Amendment and due 15 process rights. His 42 U.S.C. § 1983 complaint containing these allegations is now before 16 the Court for review pursuant to 28 U.S.C. § 1915A(a). 17 Morris has stated claims against defendants Todan Ascencio and Tracy Jackson. 18 The Court directs defendants Ascencio and Jackson to file in response to the complaint a 19 dispositive motion, or notice regarding such motion, on or before January 25, 2021.
STANDARD OF REVIEW
21 A federal court must conduct a preliminary screening in any case in which a 22 prisoner seeks redress from a governmental entity or officer or employee of a 23 governmental entity. See 28 U.S.C. § 1915A(a). In its review, the court must identify any 24 cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a claim 25 upon which relief may be granted or seek monetary relief from a defendant who is immune 26 from such relief. See id. § 1915A(b)(1), (2). Pro se pleadings must be liberally construed. 27 A “complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that…