Harris
Harris v. The Prudential Ins. Co. of America
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BARBARA HARRIS, No. 2:23-cv-02762-DAD-KJN Plaintiff, ORDER GRANTING IFP REQUEST
v. THE PRUDENTIAL INSURANCE
COMPANY OF AMERICA,
15 Defendant.
17 Plaintiff, who is represented by counsel, requests leave to proceed in forma pauperis (“IFP”). (ECF No. 2.) Plaintiff’s affidavit makes the required financial showing, and so plaintiff’s request is granted. 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, 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 court has an independent duty to ensure it has subject…