Scally
Scally v. Velasquez
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 TONY EUGENE SCALLY, Case No. 22-CV-140 JLS (MDD)
CDCR #G-6776,
ORDER (1) GRANTING MOTION
Plaintiff, TO PROCEED IN FORMA vs. PAUPERIS; AND (2) DISMISSING
CIVIL ACTION PURSUANT TO
Lt. J. VELASQUEZ, Lt. R. SOLORIO, U.S.C. § 1915(e)(2)(ii) AND 28 U.S.C.
OFFICER V. FREEMAN,
§ 1915A(b)(1) Defendants. 17 (ECF No. 4) 18 19 On January 31, 2022, Plaintiff Tony Eugene Scally (“Plaintiff” or “Scally”), currently incarcerated at Calipatria State Prison (“CSP”) and proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C. § 1983. ECF No. 1. Plaintiff did not prepay the civil filing fee required by 28 U.S.C. § 1914(a), and thus the Court dismissed the action without prejudice. ECF No. 3. Scally was given forty-five days to either pre-pay the $402 filing fee or file a properly supported Motion to Proceed In Forma Pauperis (“IFP”) pursuant to 28 U.S.C. §…