Newsom

(HC) Storm v. Newsom

Good Law
United States District Court, Eastern District of CaliforniaFebruary 13, 20242:23-cv-00819California1,939 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DIMITRI Z. STORM, No. 2:23-cv-00819 DB P Petitioner, v. ORDER AND GAVIN NEWSOM, FINDINGS AND RECOMMENDATIONS Respondent. 16 Petitioner, an inmate at California Substance Abuse Treatment Facility (“SATF”), filed a petition styled as a “Petition for Writ of Mandate Under [the] California Constitution… [and] Code of Civil Procedure….” (ECF No. 1.) Petitioner also filed application to proceed in forma pauperis. (ECF No. 4.) “A district court may deny leave to proceed in forma pauperis at the outset if it appears from the face of the proposed complaint that the action is frivolous or without merit.” Tripati v. First Nat’l Bank & Tr., 821 F.2d 1368, 1370 (9th Cir. 1987). On this basis, for the reasons set forth below, the undersigned will recommend petitioner’s application to proceed in forma pauperis be denied. I. Petitioner’s Allegations On December 30, 2020, petitioner mailed a…

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