(PS) Tanksley v. Elica Health Center

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MOODY WOODROW TANKSLEY, No. 2:20–cv–1850–KJM–KJN PS 12 Plaintiff, ORDER GRANTING IFP AND

RECOMMENDATION TO DISMISS

13 v. (ECF No. 5) 14 ELICA HEALTH CENTER, et al.,

15 Defendants. 16 17 On September 14, 2020, plaintiff filed his complaint, which was labeled a “prisoner civil 18 rights case,” but the court reclassified the case as a pro se civil case.1 (ECF No. 1, 2.) The court 19 ordered plaintiff to either pay the filing fee or submit an application to proceed in forma pauperis, 20 and plaintiff chose the latter. (ECF Nos. 3, 5.) Plaintiff’s application in support of his request to 21 proceed in forma pauperis makes the showing required by 28 U.S.C. § 1915. Accordingly, the 22 court grants plaintiff’s request to proceed in forma pauperis. 23 The determination that a plaintiff may proceed in forma pauperis does not complete the 24 inquiry. Under 28 U.S.C. Section 1915, the court must dismiss the case if it determines that the 25 allegation of poverty is untrue, or if the action is…