Benke

Benke v. Biter

Good Law
United States District Court, Northern District of CaliforniaMarch 19, 20214:20-cv-09401California1,636 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DANIEL L. BENKE, Case No. 20-cv-09401-HSG

Plaintiff, ORDER OF DISMISSAL WITH LEAVE

TO AMEND

v.

M. BITER, et al., Defendants.

12 Plaintiff, an inmate at Richard J. Donovan State Prison, has filed the instant pro se action pursuant to 42 U.S.C. § 1983 alleging that prison officials at Salinas Valley State Prison (“SVSP”), where he was previously housed, violated his constitutional rights. His complaint (Dkt. No. 1) is now before the Court for review under 28 U.S.C. § 1915A. He has been granted leave to proceed in forma pauperis in a separate order. DISCUSSION A. Standard of Review A federal court must conduct a preliminary screening in any case in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity. See 28 U.S.C. § 1915A(a). In its review, the court must identify any cognizable claims and dismiss any claims that are frivolous,…

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.