Pugh
Pugh v. Santa Clara County Correction Department
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 DARRYL E. PUGH, T15269, Case No. 21-cv-06723-CRB (PR)
Plaintiff,
ORDER OF DISMISSAL
v.
SANTA CLARA COUNTY CORRECTION (ECF No. 3) DEPARTMENT, et al., 10 Defendant(s). 11 I. 12 Plaintiff, a state prisoner currently incarcerated at the Correctional Training Facility (CTF) 13 in Soledad, California, has filed a pro se First Amended Complaint (FAC) for damages under 42 14 U.S.C. § 1983 alleging that he was subjected to an unreasonable search in violation of the Fourth 15 Amendment after he was arrested and taken to the Santa Clara County Jail back in May 1998. 16 Plaintiff raised the same allegations and claim in a prior prisoner complaint that was dismissed 17 without prejudice under the rationale of Heck v. Humphrey, 512 U.S. 477 (1994). See Pugh v. 18 Santa Clara Cnty. Corr. Dep’t, No. 00-cv-01391-VRW (PR) (N.D. Cal. May 17, 2002) (order 19 granting motion to dismiss). 20 Plaintiff seeks appointment of counsel under 28 U.S.C. § 1915(e)(1).
II.
22 Federal courts must engage in a preliminary screening of cases…