Exoticar International Auto Sales, LLC v. Palmer
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ROBERT LEE CHILDRESS, JR., Case No.: 3:19-cv-0319 CAB (BLM) No. 25851-039,
ORDER DISMISSING COMPLAINT
Plaintiff, PURSUANT vs. TO 28 U.S.C. § 1915(e)(2) AND 14 § 1915A(b)(1)
KRAIG PALMER,
16 Defendant. 17 18 19 On February 13, 2019, Robert Lee Childress (“Plaintiff”), currently housed at the Otay Mesa Detention Center located in San Diego, California, filed this civil rights action pursuant to 42 U.S.C. § 1983. (ECF No. 1.) Plaintiff also filed a Motion to Proceed In Forma Pauperis (“IFP”) pursuant to 28 U.S.C. § 1915(a) which was GRANTED by the Court on May 10, 2019. (ECF Nos. 2, 5.) II. Sua Sponte Screening per 28 U.S.C. § 1915(e)(2) and § 1915A A. Standard of Review Because Plaintiff is a prisoner and is proceeding IFP, his Complaint requires a pre- answer screening pursuant to 28 U.S.C. § 1915(e)(2) and § 1915A(b). Under these statutes, the Court must sua sponte dismiss a prisoner's IFP complaint, or any portion…