(PC) Distin v. US Army

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PHILIP CHRISTOPHER DISTIN, No. 2:24-cv-1121 SCR P 12 Plaintiff, 13 v. ORDER AND 14 U.S. ARMY, et al., FINDINGS AND RECOMMENDATIONS 15 Defendants. 16 17 Plaintiff, a state inmate proceeding pro se, is pursuing a Bivens action and has requested 18 leave to proceed in forma pauperis under 28 U.S.C. § 1915. For the reasons set forth below, the 19 undersigned finds the complaint is frivolous and recommends it be dismissed with prejudice 20 pursuant to 28 U.S.C. § 1915A(b)(1). Accordingly, plaintiff’s application to proceed in forma 21 pauperis (ECF No. 3) is denied. See Tripati v. First Nat’l Bank & Tr., 821 F.2d 1368, 1370 (9th 22 Cir. 1987) (“A district court may deny leave to proceed in forma pauperis at the outset if it 23 appears from the face of the proposed complaint that the action is frivolous or without merit.”) 24 STATUTORY SCREENING OF PRISONER COMPLAINTS 25 The court is required to screen complaints brought by prisoners seeking…