(PC) McDermott v. San Joaquin County Sheriff

Good Law
United States District Court, Eastern District of CaliforniaApril 10, 20232:23-cv-00219California2,561 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JASON McDERMOTT, No. 2:23-cv-00219 DB P Plaintiff, v. ORDER SAN JOAQUIN COUNTY SHERIFF, et al., 15 Defendants. 16 Plaintiff, an inmate proceeding pro se and in forma pauperis, seeks relief pursuant to 42 U.S.C. § 1983. Plaintiff claims that defendants violated his Eighth Amendment rights while plaintiff was being transported on a prison bus. Presently before the court is plaintiff’s complaint for screening (ECF No. 1) as well as plaintiff’s motion for leave to proceed in forma pauperis (ECF No. 5.) For the reasons stated below, the complaint will be dismissed with leave to amend. Additionally, plaintiff’s motion to proceed in forma pauperis will be granted. IN FORMA PAUPERIS Plaintiff has submitted a declaration that makes the showing required by 28 U.S.C. § 1915(a). (ECF No. 5.) Accordingly, plaintiff’s request to proceed in forma pauperis will be granted. //// Plaintiff is required…

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