Jose Espinoza v. Rowland Garcia

INTRODUCTION

19 On September 3, 2020, Plaintiff Jose Espinoza, an inmate at California 20 State Prison at Corcoran, proceeding pro se, filed with the United States 21 District Court for the Eastern District of California what appears to be an 22 attempt to state a civil rights complaint under 42 U.S.C. § 1983 against certain 23 law enforcement officials who are alleged to have written a false report and 24 “lied to transport” Plaintiff. Dkt. 1 (Complaint). Plaintiff did not pay the 25 applicable filing fee or seek leave to proceed in forma pauperis (IFP). The 26 Eastern District ordered the action transferred to this District on September 14, 27 2020. Dkt. 3. 28 On October 5, 2020, the assigned magistrate judge issued an order noting that, as Plaintiff is a prisoner filing a civil action against a government defendant, under 28 U.S.C. § 1915A(b), the Complaint must be dismissed if it fails to state a claim on which relief may be granted. Dkt. 7 (Order) at 2. The Order noted several legal deficiencies with the Complaint and noted that Plaintiff failed to pay the proper filing fee or submit an appropriate IFP request, which rendered the Complaint subject…