(PS) Ruth v. Walmart Stores Inc.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEREMIAH ALLEN RUTH, No. 2:22–cv–1199–KJM–CKD PS Plaintiff, ORDER GRANTING IFP REQUEST &

GRANTING LEAVE TO AMEND

v. (ECF Nos. 1, 2, 6, 7.) WALMART STORES INC., et al., Defendants. 16 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). Plaintiff’s affidavit makes the required financial showing, and so plaintiff’s request is granted. However, the determination that a plaintiff may proceed without payment of fees does not complete the inquiry. Under the IFP statute, federal courts must screen IFP complaints and dismiss any case that is “frivolous or malicious,” “fails to state a claim on which relief may be granted,” or seeks monetary relief against an immune defendant. 28 U.S.C. § 1915(e)(2)(B); Lopez v. Smith,…