IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
October 26, 2010
JARON LAMAR BRIGNAC, PLAINTIFF,
JAMES TILTON, ET AL, DEFENDANTS.
Jaron Lamar Brignac, an inmate confined at California State Prison, Sacramento, filed this pro se action in Sacramento County Superior Court, alleging violations of 42 U.S.C. § 1983, 38 U.S.C. § 6101(a)-(b), 18 U.S.C. § 1961-1968 and a state law claim. Defendants removed the action to this court and requested that the court screen the complaint pursuant to 28 U.S.C. § 1915A. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1).
Pursuant to 28 U.S.C. § 1915A, the court shall review "a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity." 28 U.S.C. § 1915A(a). "On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint (1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief." Id. § 1915A(b).
The court finds that, for the limited purposes of § 1915A screening, the complaint states cognizable claims for relief against all defendants.
Accordingly, it is hereby ORDERED that within 30 days of the date of this order, defendants shall file a response to the complaint.
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