Coleman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TIMONTHY ALLEN COLEMAN, No. 2:20-cv-00548-TLN-CKD PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS MELISSA LEA COLEMAN, et al., Defendants. 16 Plaintiff is proceeding in this action pro se. On July 21, 2020, the court dismissed plaintiff’s complaint, with leave to amend. Plaintiff has now filed an amended complaint. 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…