(PS) Legardy v. Subway Sandwich Shop

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FLETCHER LEGARDY, No. 2:23-cv-1897-DJC-CKD PS Plaintiff, ORDER v. SUBWAY SANDWICH SHOP, Defendant. 16 Plaintiff, proceeding without counsel in this action, requests leave to proceed in forma pauperis (“IFP”). (ECF No. 4.) 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, so plaintiff’s request is granted.2 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. § 1915(e)(2). Further, the federal

1 Actions where a party proceeds without counsel are referred to a magistrate judge pursuant…