Fernando Mazon v. Radu, et al.

Summary

The United States District Court for the Eastern District of California grants Fernando Mazon leave to proceed in forma pauperis in his 42 U.S.C. § 1983 action. After screening the complaint, the court permits him to proceed on a First Amendment retaliation claim against defendant Radu and gives him the option to voluntarily dismiss the remaining claims and defendants or file an amended complaint. The document also includes a notice form for plaintiff to indicate how he wishes to proceed.

Holdings

1. Plaintiff's request to proceed in forma pauperis is granted because his declaration made the showing required by 28 U.S.C. § 1915(a).
2. At the screening stage, plaintiff may proceed against defendant Radu on a claim for retaliation based on protected conduct arising under the First Amendment.
3. The complaint's allegations concerning confiscation of property, religious exercise, and the alleged participation of defendants other than Radu were deficient as pleaded, although plaintiff was permitted to seek leave to amend.
4. Plaintiff is granted 21 days to choose between proceeding on the identified retaliation claim while voluntarily dismissing the other claims and defendants, or filing an amended complaint attempting to cure the deficiencies.

Questions Presented

1. Whether plaintiff satisfied the statutory requirements to proceed in forma pauperis.
2. Whether the complaint stated a potentially cognizable First Amendment retaliation claim against defendant Radu.
3. Whether the complaint stated claims based on confiscation of property, interference with religious exercise, and alleged participation by other defendants.
4. What filing-fee obligations apply to a prisoner proceeding in forma pauperis.

Disposition

other