Messiah

Messiah v. Garcia Lara

Good Law
United States District Court, Northern District of CaliforniaJanuary 3, 20234:22-cv-02616California1,760 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 MESSIAH MESSIAH, Case No. 22-cv-02616-JSW

Plaintiff,

ORDER OF PARTIAL DISMISSAL

v. AND OF SERVICE

D. GARCIA LARA, et al., Defendants.

INTRODUCTION Plaintiff, a California parolee proceeding pro se, filed this civil rights case under 42 U.S.C. § 1983. The operative complaint is the amended complaint. For the reasons discussed below, amended complaint is ordered served upon certain Defendants based upon the alleged use of excessive force. The claims regarding a false incident report are dismissed for failure to state a claim upon which relief may be granted. ANALYSIS A. 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 …

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