Montalvo
Montalvo v. Diaz
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 JOSE MONTALVO, Case No.: 3:19-cv-00363-CAB-JLB
CDCR #P-60879,
ORDER GRANTING MOTION TO
Plaintiff, PROCEED IN FORMA PAUPERIS vs. FOR PURPOSES OF U.S. MARSHAL
SERVICE PURSUANT TO
RALPH DIAZ, CDCR Secretary, et al., 28 U.S.C. § 1915(d) AND Defendants. Fed. R. Civ. P. 4(c)(3)
[ECF No. 9] 17 Jose Montalvo (“Plaintiff”), formerly incarcerated at Avenal State Prison (“ASP”), Richard J. Donovan Correctional Facility (“RJD”), and California City Correctional Facility (“CCCF”), is proceeding pro se in this case pursuant to 42 U.S.C. § 1983. I. Procedural Background On July 1, 2019, Montalvo filed an Amended Complaint (“FAC”) naming the Secretary of the California Department of Corrections and Rehabilitation (“CDCR”), another CDCR Director, and the Wardens of both ASP and RJD as Defendants. (See FAC, ECF No. 6 at 1-2.) Unlike most prisoners, Montalvo is…