(PS) Herships v. CA Sup Ct County of Yolo

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HOWARD HERSHIPS, No. 2:24-cv-00677 DAD CKD PS Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

CALIFORNIA SUPERIOR COURT,

COUNTY OF YOLO IN CASE NUMBER

2023-0056, Defendant. 17 Plaintiff Howard Herships is proceeding in this action pro se. This matter was accordingly referred to the undersigned by E.D. Cal. 302(c)(21). Plaintiff has filed a request for leave to proceed in forma pauperis (“IFP”) and has submitted the affidavit required by that statute. See 28 U.S.C. § 1915(a)(1). The motion to proceed IFP (ECF No. 2) will therefore be granted. I. Screening A. Legal Standard The federal IFP statute requires federal courts to dismiss a case if the action is legally “frivolous or malicious,” fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2). A claim is legally frivolous when it lacks an arguable…