Blackwell
(PC) Witkin v. Blackwell
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL AARON WITKIN, No. 2:17-cv-2692 DAD AC P Plaintiff, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
D. BLACKWELL, et al., Defendants. 16 Plaintiff, a former state inmate proceeding without an attorney, seeks relief pursuant to 42 U.S.C. § 1983. Currently pending before the court is defendants’ motion to dismiss pursuant to 28 U.S.C. § 1915(e)(2)(A). ECF No. 31. The motion is fully briefed. See ECF No. 35, 36. For the reasons explained below, the undersigned recommends the court deny defendants’ motion. I. Background A. Complaint and In Forma Pauperis (“IFP”) Application On December 26, 2017, while plaintiff was an inmate in state custody, he filed a complaint initiating this case. ECF No. 1. On January 4, 2018, plaintiff filed a motion to proceed IFP. ECF No. 3. In his IFP application, signed December 14, 2014, plaintiff declared under penalty of perjury that: he was “unable to pay the fees…