Espinoza
Johnson v. Espinoza
Opinion
Trial Court Opinion
INTRODUCTION
12 Plaintiff Larvester J. Johnson alleges that one of his jailors violated his First 13 Amendment rights by seizing and destroying legal documents. His 42 U.S.C. § 1983 14 complaint containing these allegations is now before me for review pursuant to 28 U.S.C. 15 § 1915A(a). 16 Johnson has stated cognizable First Amendment claims against Sergeant Ebenezer 17 Espinoza at the San Francisco County Jail. The Court directs defendant Espinoza to file in 18 response to the complaint a dispositive motion, or a notice regarding such motion, on or 19 before September 4, 2023. All other claims are DISMISSED. 20 Johnson’s motion for a preliminary injunction and for judgment as a matter of law 21 are DENIED.
DISCUSSION
23 A. Standard of Review 24 A federal court must conduct a preliminary screening in any case in which a 25 prisoner seeks redress from a governmental entity or officer or employee of a 26 governmental entity. See 28 U.S.C. § 1915A(a). In its review, the court must identify any 27 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…