Evers

(PS) Gamino v. Evers

Good Law
United States District Court, Eastern District of CaliforniaAugust 29, 20242:23-cv-03036California2,201 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRANDON MICHAEL GAMINO, No. 2:23-cv-03036-TLN-SCR Plaintiff, v. ORDER JON EVERS, et al., Defendants. 16 Plaintiff is proceeding pro se in this action. This matter was accordingly referred to the undersigned pursuant to Local Rule 302(c)(21). Before the court are Plaintiff’s motion to proceed in forma pauperis (ECF No. 2), First Amended Complaint (ECF No. 3), and motion requesting action be taken (ECF No. 4). Plaintiff has submitted the necessary affidavit required by statute attesting to his inability to pay the filing fee. See 28 U.S.C. § 1915(a)(1). The motion to proceed IFP will be granted. Plaintiff’s motion requesting action be taken (ECF No. 4) requests that adjudication of his motion for IFP and is also granted. However, in screening Plaintiff’s first amended complaint (“FAC”), as required by Section 1915(a)(2), the Court concludes that the FAC does not allege sufficient facts to state a claim. Plaintiff will be…

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