(PC) Witkin v. Lee

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 MICHAEL AARON WITKIN, No. 2:17-cv-0232-JAM-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS M. LEE, et al., Defendants. 15 Plaintiff is a state prisoner proceeding without counsel in this action brought under 42 U.S.C. § 1983. Plaintiff’s motion to proceed in forma pauperis (“IFP”) under 28 U.S.C. § 1915 was granted on March 24, 2017. ECF Nos. 6, 7. Defendants now seek dismissal of the action, arguing that plaintiff’s allegation of poverty was false. ECF No. 37. Defendants also contend that plaintiff’s state law negligence claim is deficient. For the reasons that follow, defendants’ motion must be granted. I. Background In his motion to proceed IFP, plaintiff declared, under penalty of perjury, that he had received no income in the prior 12 months, had no valuable property, and had no assets. ECF No. 2 at 1-2. Plaintiff signed the motion on December 5, 2016, and it was filed on February 2, 2017. Id. An…