Newman

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DONNY STEWARD, No. 2:20-cv-2069 TLN AC P 12 Plaintiff, 13 v. ORDER and 14 KENDALL J. NEWMAN, et al., FINDINGS AND RECOMMENDATIONS 15 Defendants. 16 17 I. Introduction 18 Plaintiff Donny Steward is a state prisoner incarcerated in the California Health Care 19 Facility under the authority of the California Department of Corrections and Rehabilitation 20 (CDCR). Plaintiff proceeds pro se with a civil rights complaint filed pursuant to 42 U.S.C. § 21 1983, and an application to proceed in forma pauperis filed pursuant to 28 U.S.C. § 1915. 22 This action is referred to the undersigned United States Magistrate Judge pursuant to 28 23 U.S.C. § 636(b)(1)(B) and Local Rule 302(c). For the reasons that follow, the undersigned grants 24 plaintiff’s request to proceed in forma pauperis and recommends the dismissal of this action as 25 frivolous. 26 II. In Forma Pauperis Application 27 Plaintiff has submitted an affidavit and a copy of his…