(PS) Davis v. El Hogar Mental Health & Comm Services

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EARON DREVON DAVIS, No. 2:23–cv–1530–DJC–KJN PS Plaintiff, ORDER GRANTING IFP REQUEST AND

FINDINGS AND RECOMMENDATIONS TO

v. DISMISS EL HOGAR MENTAL HEALTH & (ECF No. 2.)

COMMUNITY SERVICES,

15 Defendant. 16 Plaintiff, who proceeds 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, 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. §…