Thomas
Thomas v. Chu
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 8 KEITH THOMAS, Case No.: 3:20-cv-00245-GPC-BGS
CDCR #T-67081,
ORDER DISMISSING CIVIL
Plaintiff, ACTION FOR FAILING TO STATE vs. A CLAIM PURSUANT TO 12 28 U.S.C. § 1915(e)(2)(B) AND JOHN CHAU, Physician, et al., 28 U.S.C. § 1915A(b)(1) Defendants. 14 [ECF No. 8] 15 16 Plaintiff Keith Thomas, incarcerated at Richard J. Donovan Correctional Facility (“RJD”) in San Diego, California, proceeding pro se and in forma pauperis (“IFP”), is proceeding in this civil rights action pursuant to 42 U.S.C. § 1983.1 I. Procedural Background In his original Complaint and Motion seeking a Temporary Restraining Order (“TRO”), Plaintiff claimed RJD Warden Pollard, Dr. Chau, Adelita Basto, a dietician,
24 1 While the Court acknowledged Plaintiff is ordinarily barred by 28 U.S.C. § 1915(g) due to his litigation history when it considered his Motion to Proceed IFP, see ECF No. 5 at 4 n.5 (noting that…