Schrubb

Schrubb v. State of California

Good Law
United States District Court, Northern District of CaliforniaMay 31, 20225:22-cv-00266California3,027 words

Opinion

Trial Court Opinion

DISCUSSION

16 A. Standard of Review 17 A federal court must conduct a preliminary screening in any case in which a prisoner seeks 18 redress from a governmental entity or officer or employee of a governmental entity. See 28 19 U.S.C. § 1915A(a). In its review, the court must identify any cognizable claims and dismiss any 20 claims that are frivolous, malicious, fail to state a claim upon which relief may be granted or seek 21 monetary relief from a defendant who is immune from such relief. See 28 U.S.C. § 1915A(b)(1), 22 (2). Pro se pleadings must, however, be liberally construed. See United States v. Qazi, 975 F.3d 23 989, 993 (9th Cir. 2020). 24 Federal Rule of Civil Procedure 8(a)(2) requires only “a short and plain statement of the 25 claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). “Specific facts are not 26 necessary; the statement need only “‘give the defendant fair notice of what the . . . claim is and the 27 While Rule 8 does not require detailed factual allegations, it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation. Ashcroft v. Iqbal, 556 U.S. 662, 677–78 (2009). A pleading that offers…

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