Penny
Penny v. Bastuba
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 RANDY WESLEY PENNY, Case No.: 21-CV-630 TWR (BLM)
CDCR #AR-6440,
ORDER DISMISSING AMENDED
Plaintiff, COMPLAINT PURSUANT TO vs. 28 U.S.C. §§ 1915(e)(2) AND 14 1915A(b)(1)
15 MARTIN D. BASTUBA, (ECF No. 8) 16 Defendant. 17 On April 9, 2021, Plaintiff Randy Wesley Penny, currently incarcerated at the Substance Abuse Treatment Facility (“SATF”) located in Corcoran, California, and proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C. § 1983 naming Martin Bastuba, M.D. and Ralph Diaz as Defendants. (See generally ECF No. 1 (“Compl.”). Plaintiff did not prepay the civil filing fee required by 28 U.S.C. § 1914(a); instead, he filed a Motion to Proceed in Forma Pauperis (“IFP”) pursuant to 28 U.S.C. § 1915(a). (See generally ECF No. 2 (“IFP Mot.”).) 25 26 1 Although Plaintiff states the events he alleges took place while he was at the Substance Abuse Treatment Facility (“SATF”) located…