(PS) Blackshire v. Sacramento County Sheriff

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 PATRICK BLACKSHIRE, No. 2:22-cv-0378 TLN AC (PS) Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

SACRAMENTO COUNTY SHERIFF, et al., 14 Defendants.

16 Plaintiff is proceeding in this action pro se. This matter was accordingly referred to the undersigned by E.D. Cal. 302(c)(21). Plaintiff has filed a request for leave to proceed in forma pauperis (“IFP”) and has submitted the affidavit required by that statute. See 28 U.S.C. § 1915(a)(1). The motion to proceed IFP (ECF No. 2) will therefore be granted. I. The Screening Requirement The federal 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. § 1915(e)(2). A claim is legally frivolous when it lacks an arguable basis either in law or in fact. Neitzke v. 26 …