Secretary

(PC) Smith v. Secretary

Good Law
United States District Court, Eastern District of CaliforniaNovember 12, 20212:21-cv-00519California2,983 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LAWRENCE CHRISTOPHER SMITH, No. 2:21-cv-00519 WBS DB P Plaintiff, v. ORDER SECRETARY CALIFORNIA DEPT OF CORRECTIONS, et al., 15 Defendants. 16 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims defendants violated his rights under the Eighth Amendment through their deliberate indifference and state created danger to the plaintiff. Before the court is plaintiff’s motion to proceed in forma pauperis (ECF No. 2) and plaintiff’s complaint for screening (ECF No. 1). For the reasons stated below, plaintiff’s motion to proceed in forma pauperis will be granted and the complaint will be dismissed with leave to amend. IN FORMA PAUPERIS Plaintiff has submitted a declaration that makes the showing required by 28 U.S.C. § 1915(a). Accordingly, the request to proceed in forma pauperis will be granted. Plaintiff is required to pay the…

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