Coleman

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TIMONTHY ALLEN COLEMAN, No. 2:20-cv-00548-TLN-CKD PS 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 MELISSA LEA COLEMAN, et al., 15 Defendants. 16 17 Plaintiff is proceeding in this action pro se. On July 21, 2020, the court dismissed 18 plaintiff’s complaint, with leave to amend. Plaintiff has now filed an amended complaint. 19 The federal in forma pauperis statute authorizes federal courts to dismiss a case if the 20 action is legally “frivolous or malicious,” fails to state a claim upon which relief may be granted 21 or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 22 1915(e)(2). A claim is legally frivolous when it lacks an arguable basis either in law or in fact. 23 Neitzke v. Williams, 490 U.S. 319, 325 (1989); Franklin v. Murphy, 745 F.2d 1221, 1227-28 (9th 24 Cir. 1984). The court may, therefore, dismiss a claim as frivolous where it is based on an 25 indisputably meritless legal theory or where the factual…