Newsom

(PC) Booth v. Newsom

Good Law
United States District Court, Eastern District of CaliforniaNovember 17, 20202:20-cv-01562California3,848 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PATRICK BOOTH, No. 2:20-cv-1562 AC P Plaintiff, v. ORDER and GAVIN NEWSOM, FINDINGS AND RECOMMENDATIONS Defendant. 16 I. Introduction Plaintiff Patrick Booth is a state prisoner incarcerated at Mule Creek State Prison (MCSP) under the authority of the California Department of Corrections and Rehabilitation (CDCR). Plaintiff proceeds pro se with a request to proceed in forma pauperis, a civil rights complaint filed pursuant to 42 U.S.C. § 1983, and a motion for preliminary injunctive relief. This action is referred to the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302(c). For the reasons that follow, the undersigned grants plaintiff’s request to proceed in forma pauperis, finds the complaint inadequate for service but grants leave to amend, and recommends the denial of plaintiff’s motion for preliminary injunctive relief. II. …

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