(PS) Storman v. Alta Regional Center

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL D. STORMAN, No. 2:20-cv-00907-KJM-CKD (PS) Plaintiff, 13 v. ORDER

ALTA REGIONAL CENTER,

15 Defendant. 16 This action was referred to this court by Local Rule 302(c)(21). Plaintiff proceeds pro se and has been granted permission to proceed in forma pauperis under 28 U.S.C. § 1915. 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 contentions are clearly baseless. Neitzke,…