Pittsley

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL AARON WITKIN, No. 2:22-cv-1211 WBS CSK P 12 Plaintiff, 13 v. ORDER 14 M. PITTSLEY, 15 Defendant. 16 17 Plaintiff is a former state prisoner proceeding pro se and in forma pauperis. Defendant’s 18 motions for extensions of time are before the court. As discussed below, defendant’s motions are 19 granted. 20 Background 21 This action proceeds on plaintiff’s claim that defendant M. Pittsley denied plaintiff 22 physical exercise in violation of the Eighth Amendment. (ECF No. 1.) 23 On April 10, 2024, plaintiff filed a motion for summary judgment. (ECF No. 22.) 24 On April 12, 2024, defendant filed a motion to revoke plaintiff’s in forma pauperis status 25 and to dismiss this action with prejudice based on plaintiff’s false allegation of poverty, which 26 defendant contends was made in bad faith, and that the suit is malicious pursuant to 28 U.S.C. 27 § 1915(e)(2)(A) and (B)(i). (ECF No. 23 at 1 (hereafter “motion to revoke and dismiss”).)…