(PS) Van den Heuvel v. Placerville Self Storage

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEAN MARC VAN DEN HEUVEL, No. 2:19-cv-01418-MCE-CKD PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS PLACERVILLE SELF STORAGE, et al., Defendants. 16 Plaintiff is proceeding in this action pro se and in forma pauperis. Plaintiff has filed a third amended complaint. (ECF No. 15.) 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 claim as frivolous where it is based on an indisputably meritless legal theory or where the factual contentions are clearly…