Burton
Burton v. McVay
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DEREK BURTON, Case No.: 24-cv-1302-MMA (JLB)
CDCR #AI-5407,
ORDER:
Plaintiff, 13 vs. (1) GRANTING MOTION TO PROCEED IN FORMA PAUPERIS
WARDEN McVAY, et al., [Doc. No. 2] Defendants. (2) DISMISSING COMPLAINT WITH LEAVE TO AMEND PURSUANT TO 28 U.S.C. §§ 1915(e)(2)(B) & 1915A(b) 18 Plaintiff Derek Burton, a state prisoner proceeding pro se, has filed a civil rights Complaint pursuant to 42 U.S.C. § 1983. Doc. No. 1. Plaintiff alleges that while confined at the R.J. Donovan Correctional Facility (“RJD”) in San Diego, California, he fell and broke his arm due to Defendants’ failure to repair a walkway and then received inadequate medical care due to retaliation and discrimination. See id. Plaintiff has also filed a Motion to proceed in forma pauperis (“IFP”). Doc. No. 2. I. MOTION TO PROCEED IFP All parties instituting any…