Gingery

(PS) Kepler v. Gingery

Good Law
United States District Court, Eastern District of CaliforniaSeptember 4, 20242:24-cv-01426California1,981 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHRISTIAN NICHOLAS KEPLER, No. 2:24-cv-01426-DAD-CKD (PS) Plaintiffs, 13 v. ORDER 14 VIRGINIA L. GINGERY, et al., 15 Defendants. 16 Plaintiff Christian Nicholas Kepler proceeds without counsel1 and seeks relief under 42 U.S.C. § 1983. Plaintiff’s complaint is before the court for screening and plaintiff requests to proceed in forma pauperis. (ECF Nos. 1, 2.) Plaintiff’s application to proceed in forma pauperis makes the showing required by 28 U.S.C. § 1915, and the request is granted. However, the complaint fails to establish the court’s jurisdiction and the complaint seeks monetary relief against defendants who are immune from suit. The complaint must be dismissed, but plaintiff is granted leave to file an amended complaint. I. SCREENING REQUIREMENT Pursuant to 28 U.S.C. § 1915(e), the court must screen every in forma pauperis proceeding, and must order dismissal of the case if it is “frivolous or malicious,” “fails to state a 27 1 Because plaintiff…

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