Diaz

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 EDWARD MAURICE CUMMINGS, Case No.: 3:20-cv-01020 CAB-WVG

CDCR #AF-0209,

ORDER DISMISSING FIRST

Plaintiff, AMENDED COMPLAINT [ECF No. vs. 5] WITHOUT LEAVE TO AMEND

FOR FAILING TO STATE A CLAIM

RALPH DIAZ, Sec. of the CDCR; PURSUANT TO 28 U.S.C. § 1915(e)(2) DANIEL PARAMO, Warden; C. & 28 U.S.C. § 1915A(b) COVEL, Assoc. Warden; M. KEENER, Sergeant; BONAFICIO, Corrections 17 Officer, DOES 1-100, Defendants. 19 20 21 Edward Cummings (“Plaintiff”), currently incarcerated at Mule Creek State Prison (“MCSP”) located in Ione, California, and proceeding pro se, has filed a civil rights complaint pursuant to 42 U.S.C. § 1983. See Compl., ECF No. 1. Plaintiff did not prepay the civil filing fee required by 28 U.S.C. § 1914(a), nor did he file a Motion to Proceed In Forma Pauperis (“IFP”) when he filed his Complaint, and the Court dismissed the action on June 9, 2020 for that reason.…