Brewer

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 THEON OWENS, No. 2:22-cv-1765 CSK P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

A. BREWER, Defendant. 16 I. INTRODUCTION Plaintiff is a former state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is defendant Brewer’s motion to dismiss with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(A) on the grounds that plaintiff made untrue allegations of poverty in plaintiff’s in forma pauperis application. (ECF No. 37.) For the following reasons, this Court recommends that defendant’s motion to dismiss be granted. II. LEGAL STANDARD Pursuant to 28 U.S.C. § 1915(e)(2), notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that— (A) the allegation of poverty is untrue; or (B) the action or appeal- …