Scally

Scally v. Velasquez

Good Law
United States District Court, Southern District of CaliforniaAugust 11, 20223:22-cv-00140California4,543 words

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) DISMISSING CIVIL

Plaintiff, ACTION PURSUANT TO 28 U.S.C. vs. § 1915(e)(2)(ii) AND 28 U.S.C. 14 § 1915A(b)(1); AND (2) DENYING Lt. J. VELASQUEZ, Lt. R. SOLORIO, MOTION FOR APPOINTMENT OF

OFFICER V. FREEMAN,

COUNSEL

Defendants. (ECF Nos. 8, 9) 18 19 On January 31, 2022, Tony Eugene Scally (“Plaintiff” or “Scally”), currently incarcerated at Salinas Valley State Prison (“SVSP”) and proceeding pro se, filed a civil rights Complaint pursuant to 42 U.S.C. § 1983 (“Compl.,” 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 (45) days to either pre-pay the $402 filing fee or file a properly supported Motion to Proceed In Forma…

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