(PS) Jacob v. United States Department of Education
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 BERHANU JACOB, No. 2:18-cv-2602-MCE-EFB PS Plaintiff, v. ORDER UNITED STATES DEPARTMENT OF
EDUCATION,
14 Defendant.
16 Plaintiff seeks leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. His 17 declaration makes the showing required by 28 U.S.C. §1915(a)(1) and (2). See ECF No. 2. 18 Accordingly, the request to proceed in forma pauperis is granted. 28 U.S.C. § 1915(a). 19 Determining that plaintiff may proceed in forma pauperis does not complete the required 20 inquiry. Pursuant to § 1915(e)(2), the court must dismiss the case at any time if it determines that 21 the allegation of poverty is untrue, or that the action is frivolous or malicious, fails to state a claim 22 on which relief may be granted, or seeks monetary relief against an immune defendant. As 23 discussed below, plaintiff’s complaint must be dismissed for failure to state a claim. 24 Although pro se pleadings are liberally construed, see Haines v. Kerner, 404 U.S. 519, 25 520-21 (1972), a…