Schmidt v. Thinh et al

Filing 13

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/14/15 ORDERING that this action is DISMISSED. CASE CLOSED. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LONNIE GLENN SCHMIDT,

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No. 2:14-cv-2868 CKD P

Plaintiff,
v.

ORDER

TAN THINH, et al.,
Defendants.

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Plaintiff is a county jail inmate, proceeding pro se and in forma pauperis, who seeks relief

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pursuant to 42 U.S.C. § 1983. On March 4, 2015, plaintiff’s complaint was dismissed with thirty

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days’ leave to amend. (ECF No. 8.) Plaintiff has filed an amended complaint, now before the

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court. (ECF No. 10.) Plaintiff has consented to Magistrate Judge jurisdiction over all

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proceedings in this action. (ECF No. 11.)

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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). The

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court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally

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“frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek

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monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2).

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Having reviewed the amended complaint, the undersigned concludes that it fails to cure
the defects of the original complaint as discussed in the March 4, 2015 screening order. Because
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it appears that another round of amendment would be futile, the undersigned will dismiss this

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action for seeking monetary damages from defendants immune from such relief.

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Accordingly, IT IS HEREBY ORDERED that this action is dismissed pursuant to 28

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U.S.C. § 1915A(b)(2).

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Dated: April 14, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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