(PS) Parker v. Sacramento Police Department

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 AKIKA PARKER, No. 2:20-cv-00171-TLN-CKD PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS

SACRAMENTO POLICE DEPARTMENT et al., 15 Defendants. 16 Plaintiff is proceeding in this action pro se. The court previously granted plaintiff’s request to proceed in forma pauperis and dismissed plaintiff’s complaint with leave to amend. (ECF No. 3.) Plaintiff subsequently filed an amended complaint. (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 claim as…