Patterson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID HUNTER, No. 2: 23-cv-2376 KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

DIAN PATERSON, et al., Defendants. 16 Plaintiff, who is housed at Atascadero State Hospital, is proceeding without counsel with this civil action. On October 31, 2023, the undersigned dismissed plaintiff’s complaint with leave to amend. (ECF No. 10.) Pending before the court is plaintiff’s amended complaint and motion for emergency transfer. (ECF Nos. 13, 14.) For the reasons stated herein, the undersigned recommends that this action be dismissed and that plaintiff’s motion for emergency transfer be denied. Amended Complaint Screening Standards A claim is legally frivolous when it lacks an arguable basis either in law or in fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989); Franklin v. Murphy, 745 F.2d 1221, 1227-28 (9th Cir. 1984). The court may, therefore, dismiss a claim as frivolous when it is…