Daniels

Daniels v. Aponte

Good Law
United States District Court, Northern District of CaliforniaJuly 13, 20211:21-cv-03794California1,862 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JEREMY DANIELS, Case No. 21-cv-03794-RMI

Plaintiff,

ORDER OF DISMISSAL WITH LEAVE

v. TO AMEND

STEVEN APONTE, et al., Re: Dkt. Nos. 3, 5 Defendants.

12 Plaintiff, a detainee proceeding pro se, filed a civil rights complaint under 42 U.S.C. § 1983. He has been granted leave to proceed in forma pauperis. DISCUSSION Standard of Review Federal courts must engage in a preliminary screening of cases in which prisoners seek redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). In its review the court must identify any cognizable claims, and dismiss any claims which are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek monetary relief from a defendant who is immune from such relief. Id. at 1915A(b)(1), (2). Further, it should be noted that pleadings submitted by pro se parties must be liberally construed.…

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