(PS) Binns v. American General Life and Accident Ins. Co.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEYRON LAMONTE BINNS, No. 2:20–cv–1120–TLN–KJN PS Plaintiff, ORDER v. AMERICAN GENERAL LIFE AND ACCIDENT INSURANCE CO., et al., 15 Defendants. 16 Plaintiff Binns is a state prisoner, proceeding pro se. On June 3, 2020, plaintiff filed a civil rights complaint against his insurance company and certain employees thereof, and requested leave to proceed in forma pauperis under 28 U.S.C. § 1915. (ECF Nos. 1, 2.) The court found Plaintiff Binns satisfied Section 1915,2 screened the complaint, and found it failed to state a claim because defendants were private citizens and not liable under 42 U.S.C. Section 1983. (See ECF No. 7.) The court granted leave to amend, and after an extension of time, a first

1 This case proceeds before the undersigned by Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1).

2 The complaint also references an alleged plaintiff Gentry, who also submitted an application to proceed in forma pauperis. The court did not explicitly rule on…