Patterson

ORDER DENYING APPLICATION FOR LEAVE TO PROCEED IN FORMA PAUPERIS AND DISMISSING COMPLAINT WITHOUT PREJUDICE

Pursuant to policy of this Court, the Amended Complaint herein was permitted to be filed without prepayment of fees, subject to subsequent order by this Court as to the suitability of further prosecution of the action in forma pauperis. 28 U.S.C. § 1915 (a).

Plaintiff alleges that he, as a California State prisoner, has been denied constitutional rights by being forced to work at fixed wages, allegedly some $50.00 per week below his average rate, under the California “Work Furlough” program at the California Institution for Men at Chino, California. Specifically, Plaintiff complains that this program amounts to involuntary servitude in violation of the 13th Amendment and a cruel and unusual punishment prohibited by the 8th and 14th Amendments. Plaintiff has also filed an Application for Leave to Proceed in Forma Pauperis.

This Application must be denied and the Amended Complaint dismissed without prejudice because we find that the Complaint is frivolous within the meaning of 28 U.S.C. § 1915 (d).

Incarceration pursuant to a valid conviction raises no problem of…