Montes

Montes v. Miller

Good Law
United States District Court, Northern District of CaliforniaJanuary 27, 20234:22-cv-07229California1,595 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 GIOVANNI MONTES, Case No. 22-cv-07229-JST

Plaintiff,

ORDER OF SERVICE

v.

MILLER, Defendant.

12 Plaintiff has filed a pro se action pursuant to 42 U.S.C. § 1983. Now before the Court for review under 28 U.S.C. § 1915A is Plaintiff’s complaint. ECF No. 1. Plaintiff has been granted leave to proceed in forma pauperis in a separate order. DISCUSSION A. Standard of Review A federal court must conduct a preliminary screening in any case in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity. See 28 U.S.C. § 1915A(a). In its review, the court must identify any cognizable claims and dismiss any claims that 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. See 28 U.S.C. § 1915A(b)(1), (2). Pro se pleadings must, however, be liberally construed. See United States v. Qazi,…

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