Frary
Frary v. Atkinson
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DANIEL ROBERT FRARY, Case No. 22-cv-02579-WHO (PR)
Plaintiff,
ORDER OF DISMISSAL
v.
P. ATKINSON, et al., Defendants.
12 INTRODUCTION Plaintiff Daniel Robert Frary alleges in his 42 U.S.C. § 1983 amended complaint that he was placed in a cell with mold on the ceiling and walls. However, his allegations fail to link his named defendants to the alleged wrong, and they do not contain sufficient facts showing a deprivation substantial enough to violate the Eighth Amendment. Accordingly, this civil rights action is DISMISSED. 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…