Black v. Department of State Hospitals

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SIVA D. BLACK, Case No. 22-cv-05037-JD

Plaintiff,

ORDER RE SERVICE

v.

DEPARTMENT OF STATE HOSPITALS, et al., 11 Defendants.

12 Plaintiff, a former patient at Napa State Hospital, filed a pro se civil rights complaint under 42 U.S.C. § 1983. In the Court’s initial screening order, plaintiff’s original and first amended complaints were dismissed with leave to amend. Plaintiff has filed a second amended complaint (SAC). The due process claims are dismissed with prejudice. The religious practices claims will go forward. 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 24 …