Picart

Stephen Mark Picart v. Program Sergeants Alejandro R. Gonzalez and Shade Williams and Correctional Officer Rashad Rainey

Good Law
United States District Court, Southern District of CaliforniaJanuary 5, 20263:25-cv-03364California950 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 STEPHEN MARK PICART, Case No.: 25cv3364-BTM (DDL)

CDCR #G-67811,

ORDER:

Plaintiff, 13 vs. (1) DENYING AS MOOT MOTION 14 TO PROCEED IFP, and

15 Program Sergeants ALEJANDRO R. (2) DISMISSING COMPLAINT 16 GONZALEZ and SHADE WILLIAMS WITHOUT PREJUDICE and Correctional Officer RASHAD PURSUANT TO 28 U.S.C. § 1915A(b)

RAINEY,

18 Defendants. 19 20 Plaintiff Stephen Mark Picart, a state prisoner proceeding pro se, has filed this civil rights action pursuant to 42 U.S.C. § 1983, along with a motion to proceed in forma pauperis (“IFP”). (ECF Nos. 1-2.) Because the Complaint is duplicative of a Complaint Plaintiff is currently litigating in this Court, it is subject to dismissal. The Court denies as moot his IFP motion. I. Screening Pursuant to 28 U.S.C. § 1915A(b) Because Plaintiff is a prisoner, his Complaint requires a pre-answer screening pursuant to 28 U.S.C. § 1915A(b), which provides that the Court must sua sponte dismiss a prisoner’s…

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