Lopez
(PS) Garcia v. Lopez
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STEPHEN THUNDAR GARCIA, No. 2:20–cv–249–KJM–KJN (PS) Plaintiff, FINDINGS AND RECOMMENDATIONS TO
DISMISS WITH PREJUDICE
v. (ECF Nos. 1, 2) OSWALDO LOPEZ,
15 Defendant. 16 Plaintiff, who proceeds in this action without counsel, has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF No. 2.) Pursuant to 28 U.S.C. § 1915, the Court is directed to dismiss the case at any time if it determines that the allegation of poverty is untrue, or if the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against an immune defendant. For the reasons discussed below, the Court concludes that Plaintiff’s Complaint fails to state a claim on which relief may be granted, and that further leave to amend would be futile. As such, the Court recommends that the action be dismissed with prejudice and that Plaintiff’s application to proceed in forma pauperis be denied as moot. /// 27 1…