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.