Kimes

Kimes v. California Department of Corrections & Rehabilitation

Good Law
United States District Court, Southern District of CaliforniaDecember 13, 20213:21-cv-01873California4,191 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 KENNETH K. KIMES, Case No.: 21cv1873-BTM (BLM)

CDCR #V-80313,

ORDER:

Plaintiff, 13 vs. (1) GRANTING MOTION TO

PROCEED IN FORMA PAUPERIS,

CALIFORNIA DEPARTMENT OF

AND

CORRECTIONS AND

REHABILITATION, et al., (2) DISMISSING COMPLAINT Defendants. WITH LEAVE TO AMEND

PURSUANT TO 28 U.S.C.

§§ 1915(e)(2)(B) & 1915A(b) 20 Plaintiff Kenneth K. Kimes, a state prisoner housed at the Richard J. Donovan Correctional Facility (“RJD”) in San Diego, California, is proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. (ECF No. 1.) Plaintiff claims that RJD staff took his personal property in retaliation for filing an inmate grievance and that their actions caused him to have a heart attack. (Id. at 3-5.) Plaintiff did not prepay the civil filing fee required by 28 U.S.C. § 1914(a) at the time of filing and has instead filed a Motion to Proceed In Forma Pauperis (“IFP”)…

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