Cissna
(PS) Van den Heuvel v. Cissna
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 JEAN MARC VAN DEN HEUVEL, No. 2:21-cv-01342 KJM CKD (PS) Plaintiff, v. FINDINGS AND RECOMMENDATIONS CISSNA, et al., Defendants. 15 Plaintiff is proceeding in this action pro se and in forma pauperis. Both his original and amended complaint were dismissed with leave to amend. (ECF Nos. 5, 15.) Plaintiff promptly filed three more complaints, labeled the Second, Third, and Fourth Amended Complaints, respectively. As the last-filed amended complaint supersedes the others, before the court is plaintiff’s Fourth Amended Complaint (“FAC”). 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). The FAC names one defendant: “Deputy Potter,” a bailiff at the El Dorado County courthouse. Plaintiff…