Klein

(PS) Butler v. Klein

Good Law
United States District Court, Eastern District of CaliforniaAugust 28, 20242:23-cv-02855California1,895 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES LEONARD BUTLER, No. 2:23-cv-02855-DJC-SCR Plaintiff, v. ORDER W. GREGORY KLEIN, et al., Defendants. 16 Plaintiff is proceeding pro se in this action. This matter was accordingly referred to the undersigned by operation of Local Rule 302(c)(21). Plaintiff filed a request for leave to proceed in forma pauperis (“IFP”) and submitted the affidavit required by that statute. See 28 U.S.C. § 1915(a)(1). The motion to proceed IFP will be granted. However, in screening Plaintiff’s complaint, as required by Section 1915(a)(2), the Court concludes that the complaint does not allege facts establishing federal jurisdiction. Plaintiff will be granted leave to amend the complaint. 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,…

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