Graham

(PC) Fisher v. Graham

Good Law
United States District Court, Eastern District of CaliforniaOctober 2, 20202:20-cv-00847California3,461 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GARY FRANCIS FISHER, A.K.A. No. 2:20-cv-0847 DB P

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

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

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