(PC) Distin v. US Army

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PHILLIP CHRISTOPHER DISTIN, No. 2:23-cv-1369 AC P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

U.S. ARMY, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983 and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. I. Application to Proceed In Forma Pauperis Plaintiff has moved for leave to proceed in forma pauperis. ECF No. 2. “A district court may deny leave to proceed in forma pauperis at the outset if it appears from the face of the proposed complaint that the action is frivolous or without merit.” Tripati v. First Nat’l Bank & Tr., 821 F.2d 1368, 1370 (9th Cir. 1987). For the reasons set forth below, the undersigned finds this action to be frivolous and will recommend that plaintiff’s application to proceed in forma pauperis be denied. II. Statutory Screening of Prisoner Complaints The court is required…