Loterzstain

(PC) Newsome v. Loterzstain

Good Law
United States District Court, Eastern District of CaliforniaAugust 5, 20202:19-cv-00307California4,067 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 SHELDON RAY NEWSOME, No. 2:19-cv-0307-JAM-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS LOTERZSTAIN, 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 August 8, 2019. ECF No. 14. Defendants now seek dismissal of the action, arguing that plaintiff’s allegation of poverty was false. ECF No. 30. For the reasons that follow, the motion must be denied. I. Background In this district, plaintiffs generally seek IFP status by submitting a form application. E.D. Cal. Website, http://www.caed.uscourts.gov/caednew/index.cfm/forms/civil/ (last checked July 24, 2020). Relevant to this case, the form asks the applicant to list all income from the prior 12 months, any money in a bank account, and any other assets of value. The form concludes with 26 …

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.