Pittsley

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL WITKIN, No. 2:22-cv-1211 WBS CSK P Plaintiff, v. ORDER and FINDINGS AND

RECOMMENDATIONS

PITTSLEY, Defendant. 16 Plaintiff is a former state prisoner proceeding pro se and in forma pauperis in this action brought under 42 U.S.C. § 1983. Before the Court is defendant’s April 12, 2024 motion to revoke plaintiff’s in forma pauperis status and dismiss the case as malicious pursuant to 28 U.S.C. § 1915. (ECF No. 23.) As discussed below, the motion should be denied, and plaintiff should be required to pay the Court’s filing fee or file an application to proceed in forma pauperis. I. BACKGROUND Plaintiff paroled from the custody of the California Department of Corrections and Rehabilitation (“CDCR”) on July 6, 2022. Declaration of Parole Agent N. Couture (“Couture Decl.”) at ¶ 2 (ECF No. 23-1 at ¶ 2). Plaintiff filed this action on July 11, 2022. (ECF No. 1.) Plaintiff’s complaint was accompanied by his…