Warden

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 LATWAHN MCELROY, No. 2:21-cv-00642 DB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

WARDEN, et al., Defendants. 15 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims that defendants medically misdiagnosed him, prescribed him medication he did not need, and failed to provide effective emergency medical treatment. Presently before the court is plaintiff’s motion to proceed in forma pauperis (ECF No. 5) and his motion to appoint counsel (ECF No. 4). For the reasons set forth below, the court will recommend that the motion to proceed in forma pauperis be denied and deny the motion to appoint counsel. IN FORMA PAUPERIS I. In Forma Pauperis Statute The Prison Litigation Reform Act of 1995 (“PLRA”) permits a federal court to authorize the commencement and prosecution of any suit without prepayment of fees by…