Diaz
(PS) McGill El Bey v. Diaz
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NOBLE BERNISEARL MCGILL EL No. 2:19-cv-01958-MCE-CKD PS
BEY,
12 Plaintiff, ORDER AND v. FINDINGS AND RECOMMENDATIONS
A. DIAZ, et al.,
15 Defendants.
17 Plaintiff Noble BernisEarl McGill El Bey is proceeding without counsel in this action. His first complaint was dismissed with leave to amend. (ECF No. 3.) Plaintiff filed his first amended complaint (“FAC”), which is presently before the court. (ECF No. 4.) The federal in forma pauperis statute authorizes 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). A claim is legally frivolous when it lacks an arguable basis either in law or in fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989); Franklin v. Murphy, 745 F.2d 1221, 1227-28 (9th Cir. 1984). The court may, therefore, dismiss a…