(PS) Babbitt v. Sacramento County Dept. of Child Support Services

Good Law
United States District Court, Eastern District of CaliforniaOctober 8, 20242:24-cv-02397California869 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM JOSEPH BABBITT, Case No. 2:24-cv-02397-DJC-JDP (PS) Plaintiff, ORDER v. GRANTING PLAINTIFF’S APPLICATION

TO PROCEED IN FORMA PAUPERIS,

SACRAMENTO COUNTY SCREENING HIS COMPLAINT, AND

DEPARTMENT OF CHILD SUPPORT GRANTING LEAVE TO AMEND

SERVICES, et al., ECF Nos. 1 & 2 Defendants. 17 Plaintiff brings this action pro se, alleging that defendants violated his rights under 18 U.S.C. § 1341 when they “swindled” him of money by making fraudulent child support claims against him. ECF No. 1 at 4-5. The cited statute does not, however, create a private cause of action and, thus, the complaint fails to state a cognizable claim. I will give plaintiff an opportunity to amend to explain why this action should proceed. 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…

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