CDCR

(PS) Babbitt v. CDCR

Good Law
United States District Court, Eastern District of CaliforniaJanuary 10, 20232:22-cv-02196California3,196 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 WILLIAM JOSEPH BABBITT, No. 2:22-cv-02196 DAD AC PS Plaintiff, v. ORDER CALIFORNIA DEPARTMENT OF

CORRECTIONS AND

REHABILITATION, et al., 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 will therefore be granted. I. SCREENING 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). Plaintiff must assist the court in determining whether or not the complaint is frivolous, by drafting the complaint…

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