(PC) Distin v. US Army
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PHILIP CHRISTOPHER DISTIN, No. 2:24-cv-1121 SCR P Plaintiff, v. ORDER AND U.S. ARMY, et al., FINDINGS AND RECOMMENDATIONS Defendants. 16 Plaintiff, a state inmate proceeding pro se, is pursuing a Bivens action and has requested leave to proceed in forma pauperis under 28 U.S.C. § 1915. For the reasons set forth below, the undersigned finds the complaint is frivolous and recommends it be dismissed with prejudice pursuant to 28 U.S.C. § 1915A(b)(1). Accordingly, plaintiff’s application to proceed in forma pauperis (ECF No. 3) is denied. See Tripati v. First Nat’l Bank & Tr., 821 F.2d 1368, 1370 (9th Cir. 1987) (“A district court may deny leave to proceed in forma pauperis at the outset if it appears from the face of the proposed complaint that the action is frivolous or without merit.”) STATUTORY SCREENING OF PRISONER COMPLAINTS The court is required to screen complaints brought by prisoners seeking…