(PS) Tanksley v. Elica Health Center

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MOODY WOODROW TANKSLEY, No. 2:20–cv–1850–KJM–KJN PS Plaintiff, ORDER GRANTING IFP AND

RECOMMENDATION TO DISMISS

v. (ECF No. 5) ELICA HEALTH CENTER, et al.,

15 Defendants. 16 On September 14, 2020, plaintiff filed his complaint, which was labeled a “prisoner civil rights case,” but the court reclassified the case as a pro se civil case. (ECF No. 1, 2.) The court ordered plaintiff to either pay the filing fee or submit an application to proceed in forma pauperis, and plaintiff chose the latter. (ECF Nos. 3, 5.) Plaintiff’s application in support of his request to proceed in forma pauperis makes the showing required by 28 U.S.C. § 1915. Accordingly, the court grants plaintiff’s request to proceed in forma pauperis. The determination that a plaintiff may proceed in forma pauperis does not complete the inquiry. Under 28 U.S.C. Section 1915, the court must dismiss the case if it determines that the allegation of poverty is untrue, or if the action is…