McFalls

McFalls v. Alonzo

Good Law
United States District Court, Southern District of CaliforniaJune 23, 20213:21-cv-00849California3,196 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ROBERT NELSON MCFALLS, Case No. 21cv849-MMA-RBB

CDCR #G-45794,

ORDER GRANTING MOTION TO

Plaintiff, PROCEED IN FORMA PAUPERIS; vs. 14 [Doc. No. 4]

15 MARIO ALONZO, Lieutenant, DISMISSING COMPLAINT FOR 16 Defendant. FAILING TO STATE A CLAIM PURSUANT TO 28 U.S.C. § 1915(e)(2)(B) AND § 1915A(b) 18 19 Robert Nelson McFalls (“McFalls” or “Plaintiff”), currently incarcerated at Centinela State Prison in Imperial, California, and proceeding pro se, has filed a civil rights Complaint pursuant to 42 U.S.C. § 1983. See Doc. No. 1 at 1. Plaintiff has also filed a Motion to Proceed in Forma Pauperis (“IFP”) pursuant to 28 U.S.C. § 1915(a) and a copy of his prison trust account statement. See Doc. Nos. 2 & 4. McFalls alleges his Eighth Amendment rights were violated when Defendant searched his cell and went through McFalls’ phone book. McFalls claims that when doing so, Defendant took McFalls’ wife’s personal financial account…

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