Heath
Durrell Anthony Puckett v. Heath, et al.
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DURRELL ANTHONY PUCKETT, No. 2:22-cv-0476-DJC-CKD P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 HEATH, et al., 15 Defendants. 16
17 18 Plaintiff, a state prisoner, proceeds pro se in this civil rights action filed pursuant to 42 19 U.S.C. § 1983. The matter was referred to the undersigned United States Magistrate Judge 20 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On May 19, 2025, defendants filed a motion to dismiss under 28 U.S.C. § 1915(e)(2)(A), 22 asserting plaintiff made a false declaration of poverty in his application for in forma pauperis 23 status, and alternatively requesting an order revoking plaintiff’s IFP status under 28 U.S.C. § 24 1915(g). (ECF No. 87.) Plaintiff did not timely oppose the motion. On June 4, 2025, plaintiff filed 25 a notice of change of address to California State Prison – Sacramento (“CSP-SAC”). (ECF No. 26 88.) The court required defendants to re-serve a copy of the motion to dismiss at plaintiff’s 27 …