D'Agostini

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL CAST, No. 2:23-cv-1428 KJN P Plaintiff, v. ORDER JOHN D’AGOSTINI, et al., Defendants. 16 Plaintiff is a state prisoner, housed in the El Dorado County Jail (ECF No. 1 at 4), and is proceeding without counsel. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983, and requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. This proceeding was referred to this court pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302. As discussed below, plaintiff’s complaint is dismissed with leave to amend. Request to Proceed In Forma Pauperis Plaintiff submitted a declaration that makes the showing required by 28 U.S.C. § 1915(a). Accordingly, the request to proceed in forma pauperis is granted. Plaintiff is required to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. §§ 1914(a), 1915(b)(1). By this order, plaintiff is assessed an initial partial filing fee in 27 …