Howard

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 EARLE S. HOWARD, Case No.: 3:23-cv-01271-BAS-BLM

CDCR #BR6922,

ORDER:

Plaintiff, 13 vs. (1) DISMISSING COMPLAINT 14 PURSUANT TO 28 U.S.C. § 1915(e)(2)

S.D. CAL.,

and 28 U.S.C. § 1915A [ECF No. 1]; Defendant.

AND

17 (2) DENYING MOTION TO

PROCEED IN FORMA PAUPERIS

AS MOOT [ECF No. 5]

21 Earle S. Howard (“Plaintiff” or “Howard”), a state prisoner incarcerated at the California Health Care Facility in Stockton, California and proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C. § 1983 on June 29, 2023. (ECF No. 1.) Plaintiff did not pay the civil filing fee or file a Motion to Proceed in Forma Paupers (“IFP”), and so the Court directed him to either pay the fee or submit a properly supported IFP motion no 27 28 later than October 20, 2023. (ECF No. 4.) On October 11, 2023, Plaintiff filed an IFP motion and a trust account statement. 1 (ECF No. 5.) I. …