Asberry

Asberry v. Foss

Good Law
United States District Court, Northern District of CaliforniaJanuary 13, 20214:19-cv-06311California3,030 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

TONY ASBERRY,

Case No. 19-cv-06311-YGR (PR) Plaintiff, ORDER OF PARTIAL DISMISSAL v. AND SERVICE

SALINAS VALLEY STATE PRISON

FACILITY-D MALE DENTIST “G.”, Defendant.

I. INTRODUCTION Plaintiff, a state prisoner, has filed a pro se civil rights complaint under 42 U.S.C. § 1983. The original complaint was dismissed with leave to amend. Dkt. 14. Thereafter, Plaintiff filed his amended complaint. Dkt. 15. However, on May 18, 2020, Plaintiff filed a motion for extension of time to file a second amended complaint (“SAC”). Dkt. 16. On June 26, 2020, the Court granted Plaintiff leave to file his SAC. Dkt. 18. Plaintiff has since filed his SAC. Dkt. 22. Plaintiff’s SAC, the operative complaint in this action, is now before the Court for review pursuant to 28 U.S.C. § 1915A(a). II. DISCUSSION A. Standard of Review Federal courts must engage in a preliminary screening of…

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