(PS) Williams v. Bank of America

Good Law
United States District Court, Eastern District of CaliforniaJuly 6, 20212:21-cv-01141California2,213 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DERRICK WILLIAMS, No. 2:21–cv–1141–JAM–KJN PS Plaintiff, ORDER GRANTING IFP REQUEST;

FINDINGS AND RECOMMENDATIONS TO

v. DISMISS BANK OF AMERICA, et al., (ECF Nos. 1, 2.) Defendants. 16 Plaintiff, who is proceeding without counsel in this action, requested leave to proceed in forma pauperis (“IFP”). See 28 U.S.C. § 1915 (authorizing the commencement of an action “without prepayment of fees or security” by a person unable to pay such fees). Plaintiff’s affidavit makes the required showing, and so the request to proceed IFP is granted. The determination a plaintiff may proceed in forma pauperis does not complete the required inquiry. Under Section 1915, the court is required to dismiss the claims if the action is frivolous or malicious, if the complaint fails to state a claim on which relief may be granted, or plaintiff seeks monetary relief against an immune defendant. Further, federal courts have an 25 …

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