(PS) Warfield v. California Highway Patrol

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRODERICK WARFIELD, Case No. 2:24-cv-02886-DJC-CSK 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 CALIFORNIA HIGHWAY PATROL (ECF Nos. 17, 32) GOLDEN GATE DIVISION, et al., 15 Defendants. 16 17 Plaintiff Broderick Warfield is representing himself in this action and seeks leave 18 to proceed in forma pauperis (“IFP”) pursuant to 28 U.S.C. § 1915.1 (ECF No. 17.) For 19 the reasons that follow, the Court recommends Plaintiff’s IFP application be denied, and 20 the First Amended Complaint be dismissed without leave to amend. 21 I. MOTION TO PROCEED IN FORMA PAUPERIS 22 28 U.S.C. § 1915(a) provides that the court may authorize the commencement, 23 prosecution or defense of any suit without prepayment of fees or security “by a person 24 who submits an affidavit stating the person is “unable to pay such fees or give security 25 therefor.” This affidavit is to include, among other things, a statement of all assets the 26 person possesses. Id. The IFP statute does not…