Baker

Baker v. Atchley

Good Law
United States District Court, Northern District of CaliforniaMarch 3, 20233:22-cv-05825California2,264 words

Opinion

Trial Court Opinion

INTRODUCTION

15 Plaintiff Timothy Ray Baker alleges that Richard Garcia, a correctional officer at 16 Salinas Valley State Prison, used excessive force on him. His 42 U.S.C. § 1983 complaint 17 containing these allegations is now before the Court for review pursuant to 28 U.S.C. 18 § 1915A(a). 19 Baker has stated a cognizable claim against Garcia. The Court directs defendant 20 Garcia to file in response to the complaint a dispositive motion, or a notice regarding such 21 motion, on or before June 12, 2023. All other claims and defendants are DISMISSED. 22 Baker’s motion for a preliminary injunction is DENIED. (Dkt. No. 2.)

DISCUSSION

24 A. Standard of Review 25 A federal court must conduct a preliminary screening in any case in which a 26 prisoner seeks redress from a governmental entity or officer or employee of a 27 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 id. § 1915A(b)(1), (2). Pro se pleadings must…

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