O'Brien

O'Brien v. Garcia

Good Law
United States District Court, Southern District of CaliforniaMarch 6, 20203:19-cv-01113California1,957 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 KORY T. O’BRIEN, Case No.: 3:19-cv-01113-JAH-MDD

CDCR #AM‒1378,

ORDER DENYING PLAINTIFF’S

Plaintiff, MOTION FOR RECONSIDERATION vs. OF SCREENING ORDER 14 ALDO GARCIA, et al., [ECF No. 11] Defendants. 16 17 Plaintiff Kory T. O’Brien, a prisoner currently incarcerated at Valley State Prison (“VSP”) in Chowchilla, proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983, has filed a document entitled “Objection to Judge’s Analysis and Order.” See ECF No. 11. Plaintiff seeks reconsideration of this Court’s December 20, 2019 Order to the extent it dismissed Count 4 of his First Amended Complaint (“FAC”) sua sponte pursuant to 28 U.S.C. § 1915(e)(2) and § 1915A(b) for failure to state a claim. Id. at 3. Because Plaintiff has failed to identify any intervening change in controlling law or show that the Court committed clear error in dismissing his equal…

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