Horn

(PC) Dunsmore v. Horn

Good Law
United States District Court, Eastern District of CaliforniaApril 28, 20222:21-cv-01938California1,661 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARRYL DUNSMORE, No. 2:21-cv-01938 TLN DB P Plaintiff, v. FINDINGS AND RECOMENDATION PAUL HORN, et al., Defendants. 16 Plaintiff, an inmate proceeding pro se, brings a claim under 42 U.S.C. § 1985 and 42 U.S.C § 1986. Plaintiff claims defendants conspired to violate his civil rights. Presently before the court is plaintiff’s complaint for screening (ECF No. 1) and plaintiff’s motion to proceed in forma pauperis (ECF No. 2). For the reasons set forth below, it will be recommended that this action be dismissed without leave to amend. Plaintiff’s motion to proceed in forma pauperis will be denied without prejudice as moot. SCREENING I. Legal Standards As plaintiff is seeking to proceed in forma pauperis, the complaint must be screened by the court. The in forma pauperis statute provides, “Notwithstanding any filing fee, or any portion thereof, that may have been paid,…

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