Tin Quoc Phan v. Orange County Social Services

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

TIN QUOC PHAN, Case No. 8:25-cv-00279-SB-DFM Plaintiff, v. ORDER OF DISMISSAL

ORANGE COUNTY SOCIAL

SERVICES,

Defendant.

Plaintiff alleges that Defendant, Orange County Social Services, has removed each of his four children from his custody “under false pretenses.” Dkt. No. 1 at 1. He claims that: (1) after his first child was removed, Defendant disregarded an “arbitration order” mandating her return; (2) his second child was removed in 2023 due to a “false positive urine sample for amphetamines from the mother”; and (3) “this pattern continued” with the removal of his twins in 2024. Id. at 1–2. He contends that this conduct violated his rights to due process and equal protection under the Fourteenth Amendment and raises state law claims for defamation, fraud, and criminal conspiracy. Id. at 2. Because Plaintiff has requested to proceed in forma pauperis (IFP), the Court must screen his complaint to determine if his complaint fails to state a claim or is frivolous or malicious. See 28 U.S.C. § 1915(e)(2); see also Lopez v. Smith, 203 F.3d 1122, 1129 (9th Cir.…