Buckelew
Buckelew v. Lovelace
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DION SCOTT BUCKELEW, Case No.: 23-cv-83-MMA (JLB)
CDCR #BS-1324,
Plaintiff, ORDER DISMISSING COMPLAINT vs. WITH LEAVE TO AMEND 14 PURSUANT TO 28 U.S.C. § 1915A(b)
15 CAPTAIN LOVELACE, et al., Defendants. 17 18 On January 13, 2023, Plaintiff Dion Scott Buckelew, a state prisoner proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983, along with a motion to proceed in forma pauperis. Doc. Nos. 1–2. On January 20, 2023, the Court denied Plaintiff’s in forma pauperis motion. Doc. No. 3. On February 15, 2023, Plaintiff paid the filing fee in full. Doc. No. 4. I. SCREENING PURSUANT TO §§ 1915(e)(2) & 1915A(b) A. Standard of Review Because Plaintiff is a prisoner his Complaint requires a pre-Answer screening pursuant to 28 U.S.C. § 1915A(b), under which the Court must sua sponte dismiss a prisoner’s complaint, or any portion of it, which is frivolous, malicious,…