Cook

(PC) Witkin v. Cook

Good Law
United States District Court, Eastern District of CaliforniaAugust 29, 20232:20-cv-02355California1,306 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL WITKIN, No. 2:20-cv-2355 DJC DB P Plaintiff, v. ORDER B. COOK, 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 retaliated against him in violation of his First Amendment rights. Presently before the court is defendants’ fully briefed motion to revoke plaintiff’s in forma pauperis (“IFP”) status. (ECF Nos. 49, 50, 51.) For the reasons set forth below, the undersigned will deny the motion without prejudice and direct plaintiff to submit an updated IFP application. I. The Parties’ Briefing Defendant alleges that when the case was screened and plaintiff’s motion to proceed in forma pauperis was granted on March 11, 2021, plaintiff was incarcerated. However, plaintiff’s notice of address docketed on July 8, 2022, and the California Department of Corrections and Rehabilitation’s inmate…

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