Clark v. Bay City Auto

INTRODUCTION

13 Plaintiff, a detainee at Napa State Hospital (“NSH”) who is proceeding without 14 representation by an attorney, filed this civil rights complaint under 42 U.S.C. § 1983 against the 15 Secretary of the California Department of Motor Vehicles (“DMV”) and a number of auto repair 16 shops and dealerships. The complaint was dismissed with leave to amend, and Plaintiff filed an amended complaint. (ECF Nos. 5, 10.) For the reasons explained below, the case is DISMISSED because the amended complaint repeats the same problems as the original complaint and does not state a claim 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 cognizable claims 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 defendant who is immune from…