Covello
(PC) Calderon v. Covello
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUAN CARLOS CALDERON, No. 2:23-cv-2049 WBS CSK P Plaintiff, v. FINDINGS AND RECOMMENDATIONS P. COVELLO, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is defendant’s motion to revoke plaintiff’s in forma pauperis status pursuant to 28 U.S.C. § 1915(g). (ECF No. 46.) Although plaintiff did not file an opposition, this Court recommends that defendant’s motion be denied. Background Plaintiff filed his original complaint on September 21, 2023. (ECF No. 1.) In claim one of the original complaint, plaintiff alleged that on June 7, 2023, defendant Campos threw a T-6 oleoresin capsicum grenade/bomb under plaintiff’s cell door without cause. (Id.) On October 11, 2023, the Court granted plaintiff’s application to proceed in forma pauperis and found that claim one raised in the original complaint stated a…