Graham

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GARY FRANCIS FISHER, A.K.A. No. 2:20-cv-0847 DB P

SONNY BARGER, II, A.K.A. GARY

12 DALE BARGER, 13 Plaintiff, ORDER 14 v. 15 GRAHAM, 16 Defendant. 17 18 Plaintiff is a former state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 19 U.S.C. § 1983. Plaintiff alleges prison officials failed to protect him from an attack by another 20 inmate. Presently before the court is plaintiff’s motion to proceed in forma pauperis (ECF No. 2) 21 and his complaint for screening (ECF No. 1). For the reasons set forth below, the court will grant 22 the motion to proceed in forma pauperis and dismiss the complaint with leave to amend. 23 IN FORMA PAUPERIS 24 Typically, in order to commence a civil action, suit, or proceeding in a district court of the 25 United States, except an application for writ of habeas corpus, all parties must pay a filing fee of 26 $400. See 28 U.S.C. § 1914(a). However, an action may proceed despite a plaintiff’s failure to…