Foster

Foster v. Sprouse

Good Law
United States District Court, Northern District of CaliforniaApril 6, 20223:21-cv-02956California1,164 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MICHAEL BARKARRI FOSTER, Case No. 21-cv-02956-WHO (PR)

Plaintiff,

ORDER OF DISMISSAL

v.

SPROUSE, Defendant.

12 INTRODUCTION Plaintiff Michael Barkarri Foster alleges that Pelican Bay prison guard Sprouse threatened his life in 2020. His initial complaint lacked the necessary detail, such as what words were allegedly used and in what context, that could make it actionable under 42 U.S.C. § 1983. He amended the complaint and provided greater detail, showing that Sprouse acted threateningly and inappropriately, but the allegations are insufficient to state a claim under § 1983. Accordingly, this federal civil rights action is DISMISSED. STANDARD OF REVIEW A federal court must conduct a preliminary screening in any case in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity. See 28 U.S.C. § 1915A(a). In its review, the court must identify any cognizable claims and dismiss…

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