Flourney

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 BENJAMIN FLOURNEY, Case No.: 3:21-cv-01767-CAB-BGS

CDCR #F-25814,

ORDER:

Plaintiff, 13 vs. (1) DENYING MOTION TO

PROCEED IN FORMA PAUPERIS

DOES 1‒15;

[ECF No. 2]

CAPTAIN,

Defendants. (2) DISMISSING COMPLAINT FOR FAILING TO STATE A CLAIM

PURSUANT TO 28 U.S.C.

18 § 1915A(b)(1) 19 Plaintiff Benjamin Flourney, currently incarcerated at Richard J. Donovan Correctional Facility (“RJD”) in San Diego, California, is proceeding pro se in this case pursuant to 42 U.S.C. § 1983. In his Complaint, Plaintiff claims a group of unidentified RJD officials violated his Eighth Amendment rights by failing to prevent him from contracting COVID-19 on December 11, 2020. See ECF No. 7 (“Compl.”) at 5‒7. Plaintiff seeks injunctive relief preventing “any type of retaliation” as well as $350,000 in compensatory and punitive damages. Id. at 12. Plaintiff has not prepaid the $402 civil 27 …