(PC)Maldonado
(PC)Maldonado v. Kebler
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 BILLY RAY SHANEE MALDONADO, No. 2:21-cv-01243 DB P Plaintiff, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
B. KEBLER, 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 he was subject to cruel and unusual punishment by the defendants in violation of his Eighth Amendment rights. Presently before the court is plaintiff’s motion to proceed in forma pauperis. (ECF No. 2.) For the reasons set forth below, the court will recommend that the motion to proceed in forma pauperis be denied. IN FORMA PAUPERIS I. In Forma Pauperis Statue 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 a person who submits an affidavit indicating that the person is unable to pay such fees. However, …