Benke
Benke v. Biter
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,…