Foster

Foster v. Sprouse

Good Law
United States District Court, Northern District of CaliforniaSeptember 17, 20213:21-cv-02956California1,311 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 MICHAEL BARKARRI FOSTER, Case No. 21-cv-02956-WHO (PR)

Plaintiff, ORDER DISMISSING COMPLAINT

WITH LEAVE TO AMEND;

v.

ORDER DENYING MOTION FOR

SPROUSE, COUNSEL;

Defendant. INSTRUCTIONS TO CLERK Dkt. No.

10 INTRODUCTION Plaintiff Michael Barkarri Foster alleges Pelican Bay prison guard Sprouse threatened his life in 2020. (Foster is now housed at CSP-Sacramento.) His 42 U.S.C. § 1983 complaint containing these allegations is now before the Court for review pursuant to 28 U.S.C. § 1915A(a). A death threat may be actionable under § 1983, and with more of the facts concerning what occurred (what words were used, in what context), Foster may well be able to state a claim. But at the moment, the complaint lacks sufficient detail to state a claim. I will give Foster leave to amend his complaint to add those facts. He shall file an …

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