Borbe
(PC) Barth v. Borbe
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SHAWN D. BARTH, No. 2: 20-cv-2202 DAD KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS S. BORBE, et al., Defendants. 16 Plaintiff, a state prisoner, proceeds without counsel and with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is defendant Borbe’s motion to revoke plaintiff’s in forma pauperis status pursuant to 28 U.S.C. § 1915(g) ,which is fully-briefed. For the reasons stated herein, the undersigned recommends that defendant’s motion be granted. Background At the time plaintiff filed this action on November 2, 2020, plaintiff was housed at San Quentin State Prison. In his first amended complaint, plaintiff contends that after his transfer to California Medical Facility, Vacaville, on or about May 31, 2019, defendant Borbe violated plaintiff’s Eighth Amendment rights by deliberately exposing plaintiff to harm from his cellmate and failing to protect plaintiff from the…