Bender

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 LEE W. BENDER, Case No.: 3:24-cv-1090-AJB-MMP

CDCR # BV8773,

ORDER: (1) GRANTING MOTION

Plaintiff, TO PROCEED IN FORMA vs. PAUPERIS [ECF No. 4] AND

SOUTH BAY REGIONAL DETENTION

(2) DISMISSING COMPLAINT FOR FACILITY; MARTINEZ, Deputy Sheriff;

FAILING TO STATE A CLAIM

UNKNOWN, Deputy Sheriff,

PURSUANT TO 28 U.S.C.

§§ 1915(e)(2)(B) AND 1915A(b) Defendants. 18 19 I. INTRODUCTION On June 24, 2024, Plaintiff Lee W. Bender (“Plaintiff” or “Bender”), currently incarcerated at Substance Abuse Treatment Facility and State Prison and proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C. § 1983. (See Doc. No. 1.) In it, Plaintiff alleges that while he was detained at South Bay Detention Facility, his Eighth Amendment rights were violated when he injured his hand attempting to open a cell door that was defective. (Id. at 9–10.) On June 21,…