Ables
(PC) Hamilton v. Ables
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID HAMILTON, No. 2:23-cv-0050 DB P Plaintiff, v. ORDER L. ABLES et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims defendants used excessive force against him in violation of his Eighth Amendment rights. Presently before the court is plaintiff’s motion to proceed in forma pauperis (ECF No. 2.) and his amended complaint1 (ECF No. 5) for screening. For the reasons set forth below, the undersigned will grant the motion to proceed in forma pauperis and give plaintiff the option to proceed with the complaint as screened or file an amended complaint. IN FORMA PAUPERS Plaintiff has submitted a declaration that makes the showing required by 28 U.S.C. § 1915(a). (ECF No. 2.) Accordingly, the request to proceed in forma pauperis will be granted.
1 Because an amended complaint supersedes a prior…