Corral
Corral v. California Highway Patrol
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
JOHN CORRAL, ) Case No.: 1:21-cv-00822-DAD-JLT ) Plaintiff, ) FINDINGS AND RECOMMENDATIONS ) DENYING PLAINTIFF’S MOTION TO PROCEED v. ) IN FORMA PAUPERIS AND ORDERING THE ) COMPLAINT TO BE DISMISSED WITH LEAVE CALIFORNIA HIGHWAY PATROL, et al., ) TO AMEND Defendants. ) ) [THIRTY-DAY OBJECTION DEADLINE] )
John Corral seeks to proceed in forma pauperis in this action against the California Highway Patrol and named officers based on an incident that occurred on June 5, 2019. Under 28 USC § 1915(e)(2), the Court is obligated to deny the motion to proceed in forma pauperis if the allegation of poverty is untrue or the action is frivolous or malicious, it fails to state a claim upon which relief may be granted or seeks monetary relief against a defendant who is immune. For the reasons set forth below, the Court recommends that the motion to proceed in forma pauperis be DENIED and the 23 …