Osvaldik
Smith v. Osvaldik
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 REGINALD SMITH, Case No. 1:23-cv-01488-HBK Plaintiff, SCREENING ORDER GRANTING
PLAINTIFF LEAVE TO AMEND
v.
JANUARY 15, 2024 DEADLINE
PETER OSVALDIK and T-MOBILE
CORPORATION,
15 Defendants.
17 Plaintiff Reginald Smith (“Plaintiff”), who is proceeding pro se and in forma pauperis, initiated this civil action on October 18, 2023, by filing a form “Complaint for Civil Cause.” (Doc. Nos. 1, 5). Plaintiff’s Complaint is currently before the Court for screening pursuant to 28 U.S.C. § 1915(e)(2)(B). I. Screening Requirement and Standard Because Plaintiff is proceeding in form pauperis, the Court may dismiss a case “at any time” if the Court determines, inter alia, the action is frivolous or malicious, fails to state claim on which relief can be granted, or seeks monetary relief against a defendant who is immune from such relief. 28 U.S.C § 1915(e)(2)(B)(ii) -(iii); see also Lopez v. Smith, 203 F. 3d 1122, 1129 (9th Cir. 2000) (section…