DePonte

DePonte v. Bierman

Good Law
United States District Court, Northern District of CaliforniaOctober 17, 20233:23-cv-03813California3,088 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DAVID ARTHUR DEPONTE, Case No. 23-cv-03813-LJC

Plaintiff,

ORDER OF DISMISSAL WITH LEAVE

v. TO AMEND

MIRNA BIERMAN, et al., Defendants.

12 I. INTRODUCTION Plaintiff, a state prisoner proceeding pro se, filed a civil rights complaint under 42 U.S.C. § 1983 alleging that various defendants at the Correctional Training Facility (CTF) in Soledad, CA violated his constitutional rights by referring him for mental health treatment. He was granted leave to proceed in forma pauperis by separate order. ECF 22. The court now reviews plaintiff’s complaint pursuant to 28 U.S.C. § 1915. For the reasons identified below, the complaint will be dismissed and plaintiff will be granted leave to amend to correct the deficiencies identified. II. DISCUSSION A. Standard of Review 22 Federal courts must engage in a preliminary screening of cases in which prisoners seek 23 redress from a governmental entity, or from an officer or employee of a…

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