(PS) Chiu v. Lu Mien Church

Good Law
United States District Court, Eastern District of CaliforniaOctober 31, 20232:23-cv-02215California1,439 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TAIFUSIN CHIU, No. 2:23-cv-02215-KJM-CKD (PS) Plaintiffs, 13 v. ORDER 14 IU MIEN CHURCH, et al., 15 Defendants.

17 Plaintiff, Taifusin Chiu, proceeds without counsel on a complaint filed on October 4, 2023. (ECF No. 1.) This matter is referred to the undersigned by Local Rule 302(c)(21) pursuant to 28 U.S.C. § 636. Plaintiff’s complaint (ECF No. 1) is before the court for screening. Plaintiff also requests to proceed in forma pauperis. (ECF No. 2.) Plaintiff’s application makes the showing required by 28 U.S.C. § 1915, and the request to proceed in forma pauperis is granted. For the reasons set forth below, the complaint fails to state a claim, but plaintiff is granted leave to file an amended complaint. I. SCREENING REQUIREMENT Pursuant to 28 U.S.C. § 1915(e), the court must screen every in forma pauperis proceeding, and must order dismissal of the case if it is “frivolous or malicious,” “fails to state a claim on which relief…

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