Scally
Scally v. Velasquez
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 TONY EUGENE SCALLY, Case No. 3:22-CV-140 JLS (MDD)
CDCR #G-6776,
Plaintiff, ORDER DISMISSING CIVIL vs. ACTION PURSUANT TO 28 U.S.C. 14 § 1915(e)(2)(ii) AND 28 U.S.C. Lt. J. VELASQUEZ, Lt. R. SOLORIO, § 1915A(b)(1)
OFFICER V. FREEMAN,
Defendants. (ECF No. 14) 17 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. See Complaint (“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. See 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. § 1915(a). Id. On February 16,…