Cruz

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ANTERO CRUZ, Case No.: 21cv0952-WQH (MSB)

CDCR #AL-5491,

ORDER GRANTING MOTION TO

Plaintiff, PROCEED IN FORMA PAUPERIS vs. AND DISMISSING COMPLAINT

PURSUANT TO 28 U.S.C.

§§ 1915(e)(2)(B) AND 1915A(b)

SAN DIEGO COUNTY SUPERIOR

COURT, Defendant. 18 19 20 Plaintiff Antero Cruz, incarcerated at Calipatria State Prison (“Calipatria”) in Calipatria, California, is proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. (ECF No. 1.) Plaintiff alleges his inability to pay the restitution fine imposed as a result of his criminal conviction is causing nervousness and loss of sleep in violation of his Eighth Amendment right to be free from cruel and unusual punishment, and requests the fine be rescinded. (See id. at 2-10.) Plaintiff did not prepay the civil filing fee at the time of filing and has instead filed a Motion to Proceed In…