(PS) Portnoy v. Yolo County Superior Court

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SERGEI PORTNOY, No. 2:20-cv-02486 JAM AC Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

YOLO COUNTY SUPERIOR COURT, Defendant. 16 Plaintiff1, proceeding pro se, seeks leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. ECF No. 2. Plaintiff’s application to proceed in forma pauperis makes the necessary showing that he is unable to afford the cost of suit and will be granted. For the reasons set forth below, however, this court lacks jurisdiction to hear this case. Accordingly, it is recommended that the complaint be dismissed without leave to amend. I. LEGAL STANDARDS FOR SCREENING PLAINTIFF’S COMPLAINT The federal in forma pauperis (IFP) statute requires 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. §…