Malmquist

(PS) Van den Heuvel v. Malmquist

Good Law
United States District Court, Eastern District of CaliforniaOctober 17, 20192:19-cv-01520California1,711 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEAN MARC VAN DEN HEUVEL, No. 2:19-cv-01520 TLN AC (PS) Plaintiff, v. FINDINGS AND RECOMMENDATIONS GARY MALMQUIST, et al., Defendants. 16 Plaintiff is proceeding in this action pro se. This matter was accordingly referred to the undersigned by E.D. Cal. 302(c)(21). Plaintiff has previously been granted leave to proceed in forma pauperis (“IFP”). See 28 U.S.C. § 1915(a)(1), ECF No. 5. I. SCREENING The federal IFP statute requires federal courts to dismiss a case if the action is legally “frivolous or malicious,” fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2). Plaintiff must assist the court in determining whether or not the complaint is frivolous, by drafting the complaint so that it complies with the Federal Rules of Civil Procedure (“Fed. R. Civ. P.”). The Federal Rules of Civil…

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