(PS) Babbitt v. Department of Veterans Affairs

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM JOSEPH BABBITT, Case No. 2:24-cv-2292-TLN-JDP (PS) Plaintiff, v. ORDER DEPARTMENT OF VETERANS AFFAIRS, et al., 15 Defendants. 16 17 Plaintiff brings this action pro se, alleging that defendants violated swindled him under 18 U.S.C. § 1341 when defendant Tangela Babbitt created a fraudulent Capital One account and the Department of Veterans Affairs, after failing to detect the fraud, deposited his funds therein. ECF No. 1 at 5-6. This code section does not create a private cause of action and, thus, the complaint fails to state a cognizable claim. I will dismiss the complaint and 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 Requirements A federal court must screen the complaint of any claimant seeking…