(PC) Usher v. Kern County Superior Court
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS ALFRED USHER, Case No. 1:22-cv-00294-BAK (SKO) (PC)
12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DISMISS ACTION AS FRIVOLOUS v.
KERN COUNTY SUPERIOR COURT, FOURTEEN (14) DAY DEADLINE
Defendant. Clerk of Court to assign a district judge.
16 Plaintiff Thomas Alfred Usher, a state prisoner proceeding pro se, filed this civil rights action under 42 U.S.C. § 1983. Plaintiff concurrently filed an application to proceed in forma pauperis (“IFP”) pursuant to 28 U.S.C. § 1915. (Doc. 2.) Plaintiff brings this action against a single defendant, Kern County Superior Court, alleging a denial of due process. Because the Superior Court is entitled to immunity under the Eleventh Amendment, this action must be dismissed as frivolous. Section 1915 provides that “the court shall dismiss the case at any time if the court determines that . . . the action . . . is frivolous.” 28 U.S.C. § 1915(e)(2)(B)(i) (emphasis added). This…