(PC) Spence v. Johnson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GERALD SPENCE, No. 2:21-cv-0692 AC P Plaintiff, v. ORDER B. JOHNSON, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983 and has requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis. ECF Nos. 1, 4. This proceeding was referred to the undersigned by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1)(B). Plaintiff has also filed a motion for recusal and a motion to expedite the ruling on his request for recusal. ECF Nos. 5, 7. For the reasons stated below, plaintiff’s motion to proceed in forma pauperis will be granted, and he will be given the opportunity to amend the complaint. Plaintiff’s motion for recusal and his motion to expedite the ruling will be denied. I. APPLICATION TO PROCEED IN FORMA PAUPERIS Plaintiff has submitted a declaration that makes the showing required by 28 U.S.C. § 1915(a). See ECF No.…