Distaso

Sumith Samarakoon v. Judge Richard Distaso, Tracy Toledo, Yvette Allivato, Jennifer Tercerro, and Lea May Sarte

Good Law
United States District Court, Eastern District of CaliforniaNovember 4, 20252:25-cv-01271California6,507 words

Opinion

trial_court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SUMITH SAMARAKOON, No. 2:25-cv-1271-SCR 12 Plaintiff, 13 v. ORDER 14 JUDGE RICHARD DISTASO, TRACY

TOLEDO, YVETTE ALLIVATO,

15 JENNIFER TERCERRO, and LEA MAY

SARTE,

16 Defendants. 17

18 19 Plaintiff is proceeding pro se in this action, which was accordingly referred to the 20 undersigned. ECF No. 1. Plaintiff has filed a motion for leave to proceed in forma pauperis 21 (“IFP”) and submitted the affidavit required by that statute. ECF No. 2; see 28 U.S.C. § 22 1915(a)(1). 23 The motion to proceed IFP, ECF No. 2, is granted. However, in screening Plaintiff’s 24 Complaint, as required by 28 U.S.C. § 1915(e)(2), the Court finds that Plaintiff has failed to 25 adequately state a claim as to all but Defendant Yvette Allivato. The Court will grant Plaintiff an 26 opportunity to amend the Complaint so it states cognizable claims against other Defendants. 27 ///// 28 ///// 1 I. LEGAL STANDARD 2 A court may authorize a person to proceed in…

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