Lizarraga

(PC) Hernandez v. Lizarraga

Good Law
United States District Court, Eastern District of CaliforniaAugust 19, 20192:19-cv-01479California1,296 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANDRES C. HERNANDEZ, No. 2:19-cv-1479 AC P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

JOE LIZARRAGA, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983 and has requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis. ECF Nos. 1, 2, 5. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1)(B). For the reasons stated below, plaintiff’s motion to proceed in forma pauperis will be granted. However, the undersigned will also recommend that this action be summarily dismissed without prejudice for lack of jurisdiction. I. IN FORMA PAUPERIS APPLICATION Plaintiff has submitted a declaration that makes the showing required by 28 U.S.C. § 1915(a). See ECF Nos. 2, 5. Accordingly, the request to proceed in forma pauperis will be granted. //// Plaintiff is required to pay…

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