Burton

(PC) Davis v. Burton

Good Law
United States District Court, Eastern District of CaliforniaJanuary 21, 20212:20-cv-01260California3,081 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 DON ANGELO DAVIS, No. 2:20-cv-1260 DB P Plaintiff, v. ORDER ROBERT BURTON, Warden, Defendant. 15 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims that his Eighth Amendment rights were violated. Presently before the court is plaintiff’s motion to proceed in forma pauperis (ECF No. 7) and his complaint for screening. 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 Plaintiff has submitted a declaration that makes the showing required by 28 U.S.C. § 1915(a). (ECF No. 7.) Accordingly, the request to proceed in forma pauperis will be granted. Plaintiff is required to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. §§ 1914(a), 1915(b)(1). By this order, plaintiff will be assessed an…

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