Delena

Delena v. Lara

Good Law
United States District Court, Southern District of CaliforniaJune 22, 20233:23-cv-00345California2,687 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DAVID I. DELENA, JR., Case No.: 3:23-cv-0345-JAH-WVG

CDCR #AL8117

ORDER: (1) GRANTING

MOTION TO PROCEED IN Plaintiff,

FORMA PAUPERIS AND

14 vs. (2) DISMISSING COMPLAINT

FOR FAILING TO STATE A

GEORGE LARA, K. MACK, CLAIM PURSUANT TO

Defendants. U.S.C. §§ 1915(e)(2)(B) AND 1915A(b) 18

I. INTRODUCTION On February 17, 2023, David I. Delena, Jr. (“Plaintiff” or “Delena”), a state inmate proceeding pro se filed a civil rights action pursuant to 42 U.S.C. § 1983, along with an application to proceed in forma pauperis (“IFP”). ECF Nos. 1, 2. On March 9, 2023, the Court denied Delena’s IFP motion because he failed to include a certified copy of his California Department of Corrections and Rehabilitation (“CDCR”) Inmate Statement in support of his motion. See ECF No. 3 at 2 (citing 28 U.S.C. § 1915(a)(2); S.D. Cal. CivLR 3.2). The Court gave…

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