(PS) Chiu v. The President of the US

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TAIFUSIN CHIU, No. 2:23-cv-01199-DJC-CKD PS Plaintiff, FINDINGS AND RECOMMENDATIONS v. THE PRESIDENT OF THE UNITED

STATES ET. AL.,

15 Defendants.

17 Plaintiff, 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). However, because the undersigned finds that the complaint is legally frivolous, the undersigned recommends that the action be dismissed, and that plaintiff’s application to proceed in forma pauperis in this court be denied as moot. Neitzke v. Williams, 490 U.S. 319, 324 (1989) (“§ 1915(d) authorizes federal courts to dismiss a claim filed in forma pauperis ‘if the allegation of poverty is untrue, or if satisfied that the action is frivolous or malicious’”). ///////// 27 1 Actions in which a party proceeds without counsel are referred…