Owens

Owens v. Wagstaff

Good Law
United States District Court, Northern District of CaliforniaAugust 16, 20213:21-cv-05864California667 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 KENNETH OLIVER OWENS, #0290606, Case No. 21-cv-05864-CRB (PR)

Plaintiff,

ORDER OF DISMISSAL

v.

STEPHEN M. WAGSTAFFE, Defendant(s).

Plaintiff, a pretrial detainee at the San Mateo County Jail, has filed a pro se complaint under 42 U.S.C. § 1983 alleging that on July 9, 2021 he was “illegally” incarcerated and charged with “a robbery” that San Mateo County District Attorney Stephen M. Wagstaffe knows plaintiff “did not commit.” ECF No. 1 (Compl.) at 3. Plaintiff seeks “twenty[-]five million” U.S. dollars from District Attorney Wagstaff, the only defendant plaintiff names. Id. DISCUSSION A. 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). The court must identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint “is…

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