Rodriguez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN DUNN, No. 2:23-cv-0309 KJN P Plaintiff, v. ORDER OFFICE F. RODRIGUEZ, Defendant. 16 Plaintiff is a state prisoner, proceeding pro se. On March 9, 2023, plaintiff filed a request to proceed in forma pauperis, along with his certified prison trust account statement. For the reasons discussed below the undersigned defers ruling on plaintiff’s request to proceed in forma pauperis. Plaintiff’s complaint is legally frivolous and must be dismissed. Therefore, the court grants plaintiff the option of voluntarily dismissing his case or filing an amended complaint.1 23 If plaintiff elects to file an amended complaint, he will be required to pay the court’s filing fee. Under the Prison Litigation Reform Act, plaintiff is required to pay the statutory filing fee of $350.00 for this action, even if he is granted leave to proceed in forma pauperis. 28 U.S.C. 25 §§ 1914(a), 1915(b)(1). If plaintiff is granted leave to…