Wheeler

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FELIPE POLANCO DIAZ, 2:25-cv-0384-CKD P 12 Plaintiff, 13 v. ORDER 14 B. WHEELER, et al., 15 Defendants. 16 17 Plaintiff Felipe Diaz, a state prisoner, proceeds without counsel and requests to proceed in 18 forma pauperis. This matter was referred to the undersigned by Local Rule 302. See 28 U.S.C. § 19 636(b)(1). The complaint states an Eighth Amendment excessive force claim against defendant 20 Witcher and no other claims. Plaintiff must choose how to proceed and notify the court. 21 I. In Forma Pauperis 22 Plaintiff’s declaration in support of the motion to proceed in forma pauperis makes the 23 showing required by 28 U.S.C. § 1915(a). The motion is granted. By separate order, plaintiff will 24 be assessed an initial partial filing fee in accordance with the provisions of 28 U.S.C. § 25 1915(b)(1). Thereafter, plaintiff will be obligated for monthly payments of twenty percent of the 26 preceding month’s income credited to plaintiff’s prison trust…