Thomas
(PC) Miller v. Thomas
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ELIJAH LEE MILLER, No. 2:21-cv-2170 DB P Plaintiff, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
J. THOMAS, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims he has received inadequate medical treatment in violation of his rights under the Eighth Amendment. Presently before the court is plaintiff’s motion to proceed in forma pauperis (ECF No. 2) and his complaint (ECF No. 1) for screening. For the reasons set forth below, the court will deny the motion to proceed in forma pauperis and recommend that the complaint be dismissed without leave to amend. SCREENING I. Legal Standards The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or an officer or employee of a governmental entity. See 28 U.S.C. § 1915A(a). The court must…