Becerra

(PC) Smith v. Becerra

Good Law
United States District Court, Eastern District of CaliforniaJanuary 22, 20211:19-cv-01358California961 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LAWRENCE CHRISTOPHER SMITH, No. 1:19-cv-01358-DAD-BAM (PC) Plaintiff, Appeal No. 21-15068 v. ORDER DENYING MOTION FOR LEAVE

TO PROCEED IN FORMA PAUPERIS ON

BECERRA, et al., APPEAL Defendants. (Doc. No. 47) 16 Plaintiff Lawrence Christopher Smith is a state prisoner who proceeded pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On April 21, 2020, the assigned magistrate judge issued findings and recommendations recommending that plaintiff’s case be dismissed for failure to state a claim, without leave to amend. (Doc. No. 34.) The magistrate judge specifically found that granting further leave to amend would be a futile act and a reward for plaintiff’s bad faith conduct. (Id. at 11–13.) The findings and recommendations were adopted in full on August 18, 2020. (Doc. No. 40.) Judgment was entered accordingly the same date. (Doc. No. 41.) On September 10, 2020,…

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