Davis

Davis v. Correctional Health Care Services

Good Law
United States District Court, Northern District of CaliforniaNovember 14, 20223:22-cv-03394California847 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 WILLIS DAVIS, Case No. 22-cv-03394-JD

Petitioner,

ORDER RE DISMISSAL

v. 9 Re: Dkt. No. 2 CORRECTIONAL HEALTH CARE SERVICES, et al., 11 Respondents.

12 Petitioner, a state prisoner, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. A review of the petition indicates that petitioner seeks relief under 42 U.S.C. § 1983. DISCUSSION 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). In its review, the Court must identify any cognizable claims, and dismiss any claims which are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek monetary relief from a defendant who is immune from such relief. Id. at 1915A(b)(1),(2). Pro se pleadings must be liberally construed. Balistreri v. Pacifica Police Dep’t, 901…

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