Seti

Seti v. Robertson

Good Law
United States District Court, Northern District of CaliforniaFebruary 3, 20233:23-cv-00289California1,851 words

Opinion

Trial Court Opinion

INTRODUCTION

13 Plaintiff Calvester Houston Stewart, a California prisoner proceeding without an attorney, filed this civil rights action under 42 U.S.C. § 1983 against Pelican Bay State Prison (“PBSP”), the PBSP Warden Jim Robertson, PBSP Sergeant Silva, and a number of unnamed PBSP officials referred to in the complaint as “John Does.” Leave to proceed in forma pauperis is granted in a separate order. For the reasons discussed below, certain claims are dismissed, and the complaint is ordered served upon Robertson and Silva for the claims that are capable of being judicially heard and decided. 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 claims that are capable of being judicially heard and decided or dismiss the complaint, or any portion of the complaint, if the complaint “is frivolous, malicious, or fails to state a claim upon which relief may be granted,” or “seeks monetary relief from a …

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