French

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 KRISTOPHER G. FRENCH, Case No.: 23cv1023-BTM (DEB)

CDCR #K-96643

ORDER:

Plaintiff, 13 vs. (1) GRANTING MOTION TO

PROCEED IN FORMA PAUPERIS,

N. MORENO,

and Defendant. 16 (2) DISMISSING COMPLAINT WITH LEAVE TO AMEND FOR

FAILING TO STATE A CLAIM

PURSUANT TO 28 U.S.C.

§ 1915(e)(2) AND § 1915A(b) 20 21 Plaintiff Kristopher G. French, a state prisoner housed at the Richard J. Donovan Correctional Facility (“RJD”) in San Diego, California, proceeding pro se, has filed a civil rights Complaint pursuant to 42 U.S.C. § 1983, accompanied by a Motion to proceed In Forma Pauperis (“IFP”). (ECF Nos. 1-2.) Plaintiff claims Defendant RJD Correctional Officer Moreno violated his Eighth Amendment right to be free from cruel and unusual punishment when Moreno told Plaintiff he would address a sewage backup in Plaintiff’s cell but failed to do so. (ECF No. 1 at 3-4.) 1 …