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Rosales v. Rios

United States District Court, Eastern District of California
Nov 28, 2022
2:21-cv-01758-EFB (PC) (E.D. Cal. Nov. 28, 2022)

Opinion

2:21-cv-01758-EFB (PC)

11-28-2022

MIGUEL ROSALES, Plaintiff, v. L. RIOS, et al., Defendants.


ORDER

EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE

Plaintiff commenced this action as a state prisoner proceeding pro se. See ECF No. 1. He now proceeds through counsel and has filed a fourth amended complaint, which the court must screen pursuant to 28 U.S.C. § 1915A. The fourth amended complaint (ECF No. 35) states a cognizable Eighth Amendment excessive force claim against defendant correctional sergeant L. Rios, and defendant correctional officers F. Navarro and M. Saeteurn.

Federal courts must engage in a preliminary screening of cases in which prisoners seek redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The court must identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint “is frivolous, malicious, or fails to state a claim upon which relief may be granted,” or “seeks monetary relief from a defendant who is immune from such relief.” Id. § 1915A(b).

So ordered.


Summaries of

Rosales v. Rios

United States District Court, Eastern District of California
Nov 28, 2022
2:21-cv-01758-EFB (PC) (E.D. Cal. Nov. 28, 2022)
Case details for

Rosales v. Rios

Case Details

Full title:MIGUEL ROSALES, Plaintiff, v. L. RIOS, et al., Defendants.

Court:United States District Court, Eastern District of California

Date published: Nov 28, 2022

Citations

2:21-cv-01758-EFB (PC) (E.D. Cal. Nov. 28, 2022)