Thomas K. Mills v. State of California

CIVIL MINUTES - GENERAL

Case No. 2:20-cv-10047-DSF (SK) Date November 23, 2020 Title Thomas Kenneth Mills v. State of California et al.

Present: The Honorable Steve Kim, U.S. Magistrate Judge Erica Valencia n/a Deputy Clerk Court Smart / Recorder Attorneys Present for Plaintiff: Attorneys Present for Defendants: None present None present

Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE

Plaintiff is a California state prisoner seeking to proceed in forma pauperis with a complaint under 42 U.S.C. § 1983 against the State of California and three physicians with the California Department of Corrections and Rehabilitation. (ECF 1 at 2-3, 5). He alleges that Defendants violated his Eighth Amendment rights by prescribing him Risperdal from 2014 to 2016 with no warning of its side effects. (Id. at 3-5). He claims that using Risperdal caused him to develop gynecomastia. (Id. at 3). Plaintiff’s in forma pauperis application is deficient for many reasons.

First, as a threshold matter, Plaintiff failed to authorize disbursements from his prison trust account and to provide a certified copy of…