(PC) Luther v. California Department of Corrections & Rehabilitation

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 EVERETT LUTHER, Case No.: 3:19-cv-1449-CAB-NLS

Plaintiff,

ORDER GRANTING MOTION TO

vs. PROCEED IN FORMA PAUPERIS

AND DISMISSING CIVIL ACTION

CALIFORNIA DEP’T OF

FOR FAILING TO STATE A CLAIM

CORRECTIONS AND

PURSUANT TO

REHABILITATION; SAN DIEGO

28 U.S.C. § 1915(e)(2)(B) COUNTY; SAN DIEGO SHERIFF’S

DEP’T; SHERIFF WILLIAM GORE,

[ECF No. 8] Defendants. 18 19 EVERETT LUTHER (“Plaintiff”), formerly housed at the East Mesa Reentry Facility (“EMRF”) in San Diego, California, and proceeding pro se, filed a Complaint pursuant to the Civil Rights Act, 42 U.S.C. § 1983 in the Eastern District of California. (ECF No. 1.) Plaintiff did not prepay the civil filing fee required by 28 U.S.C. § 1914(a) at the time he submitted his Complaint in the Eastern District, but instead filed a Motion to Proceed In Forma Pauperis (“IFP”) pursuant to 28 U.S.C. § 1915(a). …