Jenkins

Jenkins v. Garcia

Good Law
United States District Court, Northern District of CaliforniaNovember 19, 20203:20-cv-04420California860 words

Opinion

Trial Court Opinion

INTRODUCTION

14 Plaintiff is a California prisoner who filed this pro se complaint under 42 U.S.C. § 1983 15 against prison officials for improperly paying funds from his trust account to the federal court 16 for partial filing fees in several of plaintiff’s civil rights cases. For the reasons discussed below, 17 the complaint is DISMISSED for failure to state a cognizable claim for relief. Leave to proceed 18 in forma pauperis is granted in a separate order.

ANALYSIS

A. STANDARD OF REVIEW

21 Federal courts must engage in a preliminary screening of cases in which a plaintiff seeks 22 to proceed in forma pauperis (“IFP”). 28 U.S.C. § 1915(e). In its review the court must dismiss 23 any claims which are frivolous, malicious, fail to state a claim upon which relief may be 24 granted, or seek monetary relief from a defendant who is immune from such relief. Id. at § 25 1915A(b)(1),(2). Pro se pleadings must be liberally construed. Balistreri v. Pacifica Police 26 Dep't, 901 F.2d 696, 699 (9th Cir. 1990). 27 Federal Rule of Civil Procedure 8(a)(2) requires only "a short and plain statement of the 28 claim showing that the pleader is entitled to relief." …

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