David Bennett v. Atascadero State Hospital

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID BENNETT, No. 2:25-cv-3738 AC P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

ATASCADERO STATE HOSPITAL, Defendant. 16 Plaintiff, a county prisoner proceeding pro se, has filed a complaint for declaratory relief under the Freedom of Information Act, 5 U.S.C. § 552. Plaintiff has not yet submitted an application to proceed in forma pauperis in this case or paid the required filing fee of $350.00 plus the $55.00 administrative fee. However, as explained below, plaintiff will not be given the opportunity to submit an application to proceed in forma pauperis because this action will be summarily dismissed for failure to state a claim. I. Statutory Screening of Prisoner Complaints The court is required to screen complaints brought by prisoners seeking relief against “a governmental entity or officer or employee of a governmental entity.” 28 U.S.C. § 1915A(a). A claim “is [legally] frivolous…