Gomez

(PC) Merino v. Gomez

Good Law
United States District Court, Eastern District of CaliforniaOctober 27, 20212:21-cv-00572California3,625 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANCISCO MERINO, No. 2: 21-cv-0572 JAM KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

GOMEZ, et al., Defendants. 16 Introduction Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is defendants’ motion to revoke plaintiff’s in forma pauperis status pursuant to 28 U.S.C. § 1915(g). (ECF No. 31.) For the reasons stated herein, the undersigned recommends that defendants’ motion be granted. Background Plaintiff filed the original complaint on March 29, 2021. (ECF No. 1). Plaintiff named as defendants California State Prison-Sacramento (“CSP-Sac”) Correctional Officers Gomez and Navarro and CSP-Sac Warden Lynch. (ECF No. 1). Plaintiff alleged that on October 23, 2020, his cellmate attacked him. (Id. at 3.) As a result of the attack, plaintiff suffered a global rupture to his left eye causing permanent…

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