Scally

Scally v. Flores

Good Law
United States District Court, Southern District of CaliforniaJune 3, 20223:22-cv-00182California1,185 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 TONY EUGENE SCALLY, Case No.: 22cv0182-DMS (MDD)

CDCR #G-67776,

ORDER:

Plaintiff, 13 vs. (1) DENYING MOTION TO

APPOINT COUNSEL

CORRECTIONAL OFFICERS

A. FLORES and E. VEGA,

(2) DISMISSING ALL CLAIMS

AGAINST ALL DEFENDANTS

Defendants. EXCEPT FLORES AND VEGA

18 (3) DIRECTING U.S. MARSHAL TO EFFECT SERVICE OF FIRST

AMENDED COMPLAINT AND

SUMMONS ON FLORES AND VEGA

PURSUANT TO 28 U.S.C. § 1915(d) & Fed. R. Civ. P. 4(c)(3) 22 23 Plaintiff Tony Eugene Scally is a state prisoner proceeding pro se and in forma pauperis with a First Amended Complaint (“FAC”) pursuant to 42 U.S.C. § 1983. (ECF No. 7.) On May 12, 2022, the Court screened the FAC pursuant to 28 U.S.C. §§ 1915(e)(2) & 1915A(b), which require the Court to sua sponte dismiss a prisoner’s in forma pauperis complaint, or any portion of it, which is frivolous, malicious, fails to state a claim, or seeks 1 …

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