Metcalf

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DENZELL MAGIC METCALF, Case No. 1:24-cv-00004-HBK 12 Plaintiff, ORDER TO RANDOMLY ASSIGN A

DISTRICT JUDGE

13 v.

FINDINGS AND RECOMMENDATIONS TO

14 VIAPATH TECHNOLOGIES DISMISS CASE AS FRIVOLOUS1

TOUCHPAZ HOLDINGS, INC.,

15 GLOBAL TEL LINK CORPORATION, (Doc. No. 5) 16 Defendants. FOURTEEN-DAY OBJECTION PERIOD 17 18 Pending before the Court for screening under 28 U.S.C. § 1915A is Plaintiff’s First 19 Amended Complaint. (Doc. No. 5, “FAC”). For the reasons set forth below, the undersigned 20 recommends the district court dismiss the FAC as frivolous and lacking an arguable basis in fact 21 or law. 22 SCREENING REQUIREMENT 23 A plaintiff who commences an action while in prison is subject to the Prison Litigation 24 Reform Act (“PLRA”), which requires, inter alia, the court to screen a complaint that seeks relief 25 against a governmental entity, its officers, or its employees before directing service upon any 26 defendant. 28…