Schubert
(PC) Foster v. Schubert
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARTIN LEE FOSTER, No. 2:21-cv-000341 DB P Plaintiff, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
ANN MARIE SCHUBERT, Defendant. 16 Plaintiff Martin Lee Foster proceeds pro se with an action seeking relief pursuant to 42 U.S.C. § 1983. Before the court is plaintiff’s complaint for screening. (ECF No. 1.) Also before the court are plaintiff’s motions to proceed in forma pauperis (ECF Nos. 9, 17, 19), motion for release (ECF No. 24), and request to redirect fee waiver (ECF No. 6). For the reasons stated below, the court will deny as moot plaintiff’s motion for release, request to redirect fee waiver, and motions to proceed in forma pauperis. The court will recommend that this action be dismissed without prejudice as the court must abstain from hearing this case while the plaintiff’s state criminal case at issue is pending. SCREENING I. Legal Standards The court is required…