Wendy

(PS) Eissel v. Wendy

Good Law
United States District Court, Eastern District of CaliforniaAugust 27, 20242:24-cv-01422California870 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LOTHAR R. EISSEL, IV, Case No. 2:24-cv-01422-KJM-JDP (PS) Plaintiff, ORDER v. GRANTING PLAINTIFF’S APPLICATION

TO PROCEED IN FORMA PAUPERIS,

WENDY, et al., SCREENING HIS COMPLAINT, AND

GRANTING LEAVE TO AMEND

Defendants. ECF Nos. 1 & 2 16 Plaintiff brings this action, alleging that defendant Wendy, a state law clerk, and defendant Mayberry, a state judge, have mishandled a state probate matter in which he is involved. ECF No. 1 at 7. These allegations do not give rise to a federal question, and both defendants appear to be entitled to judicial immunity. Rather than recommending that this action be dismissed, I will grant plaintiff leave to amend to explain why this action should not proceed in its current form. I will also grant his application to proceed in forma pauperis, ECF No. 2, which makes the showing required by 28 U.S.C. §§ 1915(a)(1) and (2). Screening and Pleading…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.