Pittsley

(PC) Witkin v. Pittsley

Good Law
United States District Court, Eastern District of CaliforniaApril 19, 20242:22-cv-01211California977 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL AARON WITKIN, No. 2:22-cv-1211 WBS CSK P Plaintiff, v. ORDER M. PITTSLEY, Defendant. 16 Plaintiff is a former state prisoner proceeding pro se and in forma pauperis. Defendant’s motions for extensions of time are before the court. As discussed below, defendant’s motions are granted. Background This action proceeds on plaintiff’s claim that defendant M. Pittsley denied plaintiff physical exercise in violation of the Eighth Amendment. (ECF No. 1.) On April 10, 2024, plaintiff filed a motion for summary judgment. (ECF No. 22.) On April 12, 2024, defendant filed a motion to revoke plaintiff’s in forma pauperis status and to dismiss this action with prejudice based on plaintiff’s false allegation of poverty, which defendant contends was made in bad faith, and that the suit is malicious pursuant to 28 U.S.C. § 1915(e)(2)(A) and (B)(i). (ECF No. 23 at 1 (hereafter “motion to revoke and dismiss”).)…

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