Simmons
Simmons v. Avila
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 GABRIEL D. SIMMONS, Case No. 22-cv-01851-JSC
Plaintiff,
ORDER OF PARTIAL DISMISSAL
v. WITH LEAVE TO AMEND
M. AVILA, et al., Defendants.
INTRODUCTION Plaintiff, a California prisoner who is proceeding without representation by an attorney, filed this civil rights complaint under 42 U.S.C. § 1983 against officials at Salinas Valley State Prison (“SVSP”). Plaintiff’s application to proceed in forma pauperis is granted in a separate order. For the reasons explained below, the complaint is dismissed with leave to amend as to Defendants M. Perez and the SVSP Warden. 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…