(PC) Humes v. City of Roseville

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JON HUMES, No. 2:18-cv-0425 DB P Plaintiff, v. ORDER FINDINGS AND

RECOMMENDATIONS

CITY OF ROSEVILLE, et al., Defendants. 16 Plaintiff, a state prisoner1 proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983 and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF Nos. 1, 5). Plaintiff has also filed a request that the United States Marshal’s Office serve the defendants (see ECF No. 4) as well as a “request for funds to facilitate discovery” (ECF No. 7). For the reasons stated below, the court will grant plaintiff’s request to proceed in forma pauperis. However, plaintiff’s requests for service and for funds will be denied. In addition, the undersigned shall recommend that plaintiff’s complaint be dismissed for failure to state a claim upon which relief may be granted and that the dismissal be declared a strike within the meaning of 28 U.S.C. § 1915(g). //// 27 At…