Thomas

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL AARON WITKIN, No. 2:22-cv-01310 DJC DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS R. THOMAS, Defendant. 16 17 Plaintiff, a former state prisoner, proceeds without counsel 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). Defendants’ motion to revoke plaintiff’s IFP status and to dismiss the case is before the court. (ECF No. 23.) Defendants argue (1) plaintiff made false allegations of poverty and (2) his filing of this suit was malicious. For the reasons set forth below, the motion to dismiss should be granted. I. Background Plaintiff, a former prisoner in custody of the California Department of Corrections and Rehabilitation (“CDCR”), was released from custody on July 6, 2022. (See ECF No. 23 at 15, Couture Decl., ¶ 2.) Plaintiff initiated this action with a complaint and IFP application filed on July 25,…