McSherry v. Nhan

Summary

The United States District Court for the Southern District of California grants Francis T. McSherry leave to proceed in forma pauperis in his 42 U.S.C. § 1983 action against Correctional Officer Larry Nhan. The court finds that McSherry’s allegations that Nhan deliberately closed a cell door on his hand state a sufficient Eighth Amendment claim to survive screening. The court denies as moot motions to exceed the page limit and to proceed by mail, and directs the U.S. Marshal to serve the complaint and summons.

Holdings

1. Plaintiff was granted leave to proceed in forma pauperis, with no initial partial filing fee assessed because his available account balance was insufficient, while remaining obligated to pay the statutory filing-fee balance through installments.
2. The complaint stated a sufficient Eighth Amendment claim against Nhan to survive screening under 28 U.S.C. §§ 1915(e)(2) and 1915A(b).
3. The court directed the Clerk to issue a summons and the U.S. Marshal to serve the complaint and summons on Defendant Nhan at government expense.

Questions Presented

1. Whether Plaintiff qualified to proceed in forma pauperis and was required to pay an initial partial filing fee.
2. Whether the prisoner’s § 1983 complaint stated a sufficient Eighth Amendment claim to survive screening under 28 U.S.C. §§ 1915(e)(2) and 1915A(b).
3. Whether the court should direct the U.S. Marshal to serve the complaint and summons.
4. Whether Plaintiff’s motions to proceed by mail and exceed the page limit were moot.

Disposition

other