Alexander-Campos

Alexander-Campos v. Marin-Reyes

Good Law
United States District Court, Northern District of CaliforniaJuly 7, 20224:22-cv-03149California668 words

Opinion

Trial Court Opinion

DISCUSSION

STANDARD OF REVIEW

17 Federal courts must engage in a preliminary screening of cases in which prisoners 18 seek redress from a governmental entity or officer or employee of a governmental entity. 19 28 U.S.C. 20 § 1915A(a). In its review, the Court must identify any cognizable claims, and dismiss any 21 claims which are frivolous, malicious, fail to state a claim upon which relief may be 22 granted, or seek monetary relief from a defendant who is immune from such relief. Id. at 23 1915A(b)(1),(2). Pro se pleadings must be liberally construed. Balistreri v. Pacifica 24 Police Dep’t, 901 F.2d 696, 699 (9th Cir. 1990). 25 Federal Rule of Civil Procedure 8(a)(2) requires only “a short and plain statement 26 of the claim showing that the pleader is entitled to relief.” Although a complaint “does not 27 need detailed factual allegations, . . . a plaintiff’s obligation to provide the ‘grounds’ of his ‘entitle[ment] to relief’ requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. . . . Factual allegations must be enough to raise a right to relief above the speculative level.” Bell…

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