Bess

Bess v. Barroso

Good Law
United States District Court, Northern District of CaliforniaApril 3, 20243:23-cv-06095California2,319 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DANIEL E. BESS, Case No. 23-cv-06095-JSC

Plaintiff,

ORDER OF DISMISSAL WITH LEAVE

v. TO AMEND; DENYING

APPOINTMENT OF COUNSEL

J. BARROSO, et al., Defendants.

INTRODUCTION Plaintiff, a California prisoner proceeding without an attorney, filed this civil action against three officials at the Correctional Training Facility (“CTF”) in Soledad, California –– Lieutenant J. Barroso, Lieutenant J. Martinez, and R. Oviedo. Leave to proceed in forma pauperis is granted in a separate order. For the reasons discussed below, certain claims are dismissed, while others are capable of being judicially heard and decided. Plaintiff is granted leave to file an amended complaint to cure the deficiencies of certain claims. 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…

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