Herndon

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 GERROD HERNDON, Case No. 22-cv-01366-CRB (PR)

Plaintiff, ORDER OF DISMISSAL v. (ECF No. 4)

LT. MAHER, Defendant(s).

Plaintiff, a former state prisoner currently at All Saints Extended Care, an assisted living facility in San Rafael, California, has filed a pro se complaint under 42 U.S.C. § 1983 using the court’s prisoner complaint form wherein he seeks damages for allegedly unlawful criminal prosecution, conviction and sentence. Plaintiff also seeks leave to proceed in forma pauperis (IFP) under 28 U.S.C. § 1915 (ECF No. 4) which, based solely on his affidavit of poverty, is GRANTED. DISCUSSION A. Standard of Review Section 1915(e)(2) permits the court to dismiss any case brought IFP at any time if the court determines that the action “is frivolous or malicious,” “fails to state a claim on which relief may be granted,” or “seeks monetary relief against a defendant…