Nogales
Nogales v. Burke
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JOSE NOGALES, Case No.: 22-cv-702-MMA (DEB)
CDCR #G-52536,
Plaintiff, ORDER SCREENING COMPLAINT vs. PURSUANT TO 28 U.S.C. § 1915A
15 ISU OFFICER BURKE, et al., Defendants. 17 18 Plaintiff Jose Nogales, a state prisoner proceeding pro se, has paid the civil filing fee and filed a civil rights Complaint pursuant to 42 U.S.C. § 1983. Doc. Nos 1–2. He has also filed a request for service of the Complaint. Doc. No. 3. I. SCREENING PURSUANT TO 28 U.S.C. § 1915A A. Standard of Review Because Plaintiff is a prisoner, his Complaint requires a pre-Answer screening pursuant to 28 U.S.C. § 1915A. Under that statute, the Court must sua sponte dismiss a prisoner’s complaint, or any portion of it, which is frivolous, malicious, fails to state a claim, or seeks damages from defendants who are immune. Rhodes v. Robinson, 621 F.3d 1002, 1004 (9th Cir. 2010). The standard for…