Thomas
(PC) Witkin v. Thomas
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL AARON WITKIN, No. 2:22-cv-01310 DJC DB P Plaintiff, v. ORDER R. THOMAS, Defendant. 16 Plaintiff, a former state prisoner, proceeds without counsel in an action brought under 42 U.S.C. § 1983. On February 28, 2023, plaintiff was granted leave to proceed in forma pauperis (“IFP”). See 28 U.S.C. § 1915(a). On September 11, 2023, defendants filed a motion to revoke plaintiff’s IFP status. (ECF No. 23.) Defendants argue plaintiff made false allegations of poverty, and in addition, that his financial circumstances have improved. (ECF No. 23.) Defendants also seek to have the case dismissed as malicious under 28 U.S.C. § 1915(e)(2)(B)(i). (Id.) The motion is fully briefed. For the reasons set forth below, the court orders plaintiff to submit, within 21 days of the date of this order, an Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) (“AO 239”).1 27 1 This form is available at…