Helvy
Helvy v. Paramo
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 FRED WAYNE HELVY, Case No.: 3:20-cv-01144 JAH-MSB
CDCR #H-72048,
ORDER DISMISSING FIRST
Plaintiff, AMENDED COMPLAINT vs. PURSUANT TO 28 U.S.C. § 1915(e)(2) 14 AND § 1915A(b)(1)
15 DANIEL PARAMO, et al., 16 Defendants. 17 18 19 20 I. Procedural History On June 22, 2020, Frank Wayne Helvy (“Plaintiff”), incarcerated at California Medical Facility (“CMF”) located in Vacaville, California, filed a civil rights Complaint filed pursuant to 22 U.S.C. § 1983 (ECF No. 1). In addition, he filed a Motion to Proceed In Forma Pauperis (“IFP”) pursuant to 28 U.S.C. § 1915(a) (ECF No. 2). On July 8, 2020, the Court GRANTED Plaintiff’s Motion to Proceed IFP and DISMISSED his Complaint for failing to state a claim pursuant to 28 U.S.C. § 1915(e)(2) and § 1915A(b)(1) (ECF No. 3). Plaintiff was granted leave to file an amended pleading in order to correct the deficiencies of pleading identified in the Court’s Order. (See id.) On August…