Silva v. Worth et al

Filing 45

ORDER granting Defendant's 44 Request to screen Plaintiff's First Amended Complaint signed by Magistrate Judge Sheila K. Oberto on 10/3/2018. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONY SILVA,

Case No. 1:16-cv-01131-LJO-SKO (PC)

Plaintiff,

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ORDER GRANTING DEFENDANT’S
REQUEST TO SCREEN PLAINTIFF’S
FIRST AMENDED COMPLAINT

v.
WORTH,

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(Doc. 44)
Defendant.

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Plaintiff, Anthony Silva, is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. On September 5, 2018, an order issued

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granting Plaintiff’s motion and filing the First Amended Complaint. (Docs. 42, 43.) On October

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1, 2018, Defendants filed a request for screening of the First Amended Complaint. (Doc. 44.)

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The Court is required to screen complaints brought by prisoners seeking relief against a

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governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). A

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complaint or portion thereof that raises claims that are legally frivolous, malicious, fail to state a

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claim upon which relief may be granted, or that seek monetary relief from a defendant who is

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immune from such relief must be dismissed. 28 U.S.C. § 1915A(b)(1),(2); 28 U.S.C. §

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1915(e)(2)(B)(i)-(iii).

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To state a claim under § 1983, a plaintiff must allege two essential elements: (1) that a

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right secured by the Constitution or laws of the United States was violated and (2) that the alleged

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violation was committed by a person acting under the color of state law. See West v. Atkins, 487
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U.S. 42, 48 (1988); Ketchum v. Alameda Cnty., 811 F.2d 1243, 1245 (9th Cir. 1987). The First

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Amended Complaint has been placed in line for screening.
Accordingly, it is HEREBY ORDERED that Defendant’s motion, filed on October 1,

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2018, (Doc. 44), for screening of Plaintiff’s First Amended Complaint is GRANTED.

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IT IS SO ORDERED.
Dated:

October 3, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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