Latham
Latham v. California Department of Corrections and Rehabilitation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JOSHUA LATHAM, Case No.: 22-cv-842-MMA (MSB)
CDCR #G-48528,
ORDER DISMISSING COMPLAINT
Plaintiff, PURSUANT TO 28 U.S.C. § 1915A(b) vs.
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al., Defendants. 19 On May 2, 2022, Plaintiff Joshua Latham, a state prisoner proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C. § 1983 in the San Diego County Superior Court. Doc. No. 1-3. Defendants removed the action to this Court on June 8, 2022. Doc. No. 1. Because the Complaint is duplicative of a Complaint Plaintiff is currently litigating in this Court, it is subject to dismissal. SCREENING PURSUANT TO 28 U.S.C. § 1915A(b) Because Plaintiff is a prisoner, his Complaint requires a pre-answer screening pursuant to 28 U.S.C. § 1915A(b), which provides that the Court must sua sponte dismiss a prisoner’s complaint, or any portion of it, which is frivolous,…