(PS) Lewis v. Next Move Homeless Services
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DERRICK JEROME LEWIS, No. 2:22–cv–0876–TLN–KJN PS Plaintiff, FINDINGS AND RECOMMENDATIONS TO
DISMISS
v. (ECF Nos. 1, 2.) NEXT MOVE HOMELESS SERVICES, et al., 15 Defendants.
17 Plaintiff, who is proceeding without counsel in this action, requests leave to proceed in forma pauperis (“IFP”). (ECF No. 2.) See 28 U.S.C. § 1915 (authorizing the commencement of an action “without prepayment of fees or security” by a person who is unable to pay such fees). Under the IFP statute, the court must screen the complaint and dismiss any claims that are “frivolous or malicious,” fail to state a claim on which relief may be granted, or seek monetary relief against an immune defendant. 28 U.S.C. § 1915(e)(2). Further, the court has an independent duty to ensure it has subject matter jurisdiction in the case. See United Investors Life Ins. Co. v. Waddell & Reed Inc., 360 F.3d 960, 967 (9th Cir. 2004). /// 27 1 Actions where a party proceeds without counsel are…