Foster
Foster v. Sprouse
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 …