Fleming

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 8 VERNON WAYNE MCNEAL, Case No. 2:21-cv-02137-JDP (PC) Plaintiff, ORDER GRANTING PLAINTIFF’S

APPLICATION TO PROCEED IN FORMA

v. PAUPERIS FLEMING, et al., ECF No. 2 Defendants. SCREENING ORDER THAT PLAINTIFF: (1) STAND BY HIS COMPLAINT

SUBJECT TO A

RECOMMENDATION OF

DISMISSAL OF CLAIMS AND

PARTIES, OR (2) FILE AN AMENDED

COMPLAINT

18 ECF No. 1

THIRTY-DAY DEADLINE

21 22 Plaintiff, a state prisoner, alleges that defendants used excessive force against him in 2001. ECF No. 1 at 5-10. This claim appears to be barred by the statute of limitations. I will give plaintiff a chance to amend his complaint and to explain why it should still proceed. Plaintiff has also filed an application to proceed in forma pauperis, which I will grant. ECF No. 2. 28 1 …