(PS) Talent v. Dept. of Homeland Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID WAYNE TALENT, Case No. 2:24-cv-01266-DJC-CSK Plaintiff, v. DEPARTMENT OF HOMELAND SECURITY, et al., 15 Defendants. 16 Plaintiff David Wayne Talent, who is proceeding pro se, has moved to proceed in forma pauperis (“IFP”) in this action. (ECF No. 2.) After determining whether IFP is appropriate and granting IFP, the Court must screen the complaint and dismiss any claims that are frivolous or malicious, fail to state a claim on which relief may be granted, or seek monetary relief against an immune defendant. 28 U.S.C. § 1915(e)(2). Plaintiff's Complaint, which was filed on May 1, 2024, has not yet been screened; thus, the Court has not yet determined whether the Complaint states any cognizable claim(s). Therefore, Defendant Department of Child Support Services’ motion to dismiss (ECF No. 7) is denied as premature. See Gibbons v. Arpaio, 2007 WL 2990151, *2 (D. Az. Oct. 11, 2007) (dismissing as premature a motion to dismiss that was filed before screening…