McNeil

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DONTE BAY McNEIL, Case No.: 3:21-cv-00860-JAH-AHG

CDCR #AY5635,

ORDER DISMISSING AMENDED

Plaintiff, COMPLAINT [ECF No. 7] v. PURSUANT TO 28 U.S.C. § 1915(e)(2) 14 AND 28 U.S.C. § 1915A(b)(1)

FRANCISCO PARTIDA, ROBERT

MARTINEZ, JOHN DOES 1–3,

Defendants. 17 18 On May 3, 2021, Donte Bay McNeil (“McNeil” or “Plaintiff”), a state inmate currently incarcerated at Calipatria State Prison (“CSP”) located in Calipatria, California and proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C. § 1983. See Compl., ECF No. 1. Plaintiff did not pay the filing fee required by 28 U.S.C. § 1914(a) to commence a civil action when he filed his Complaint; instead, he filed a Motion to Proceed In Forma Pauperis (“IFP”) pursuant to 28 U.S.C. § 1915(a). See ECF No. 3. On June 1, 2021, the Court denied McNeil’s IFP motion and dismissed the case without prejudice because McNeil had failed to…