(PS) Van Den Heuvel v. Gold Key Storage

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEAN MARC VAN DEN HEUVEL, No. 2:24-cv-00835-TLN-CKD PS 12 Plaintiff, 13 v. ORDER AND 14

FINDINGS AND RECOMMENDATIONS

GOLD KEY STORAGE, et al., 15

Defendants. 16

17 18 Plaintiff proceeds pro se in this action, which was referred to the undersigned by Local 19 Rule 302(c)(21). Plaintiff’s complaint is before the court for screening. Plaintiff seeks leave to 20 proceed in forma pauperis. (ECF No. 2.) Plaintiff’s application makes the showing required by 28 21 U.S.C. § 1915. The request is granted. 22 I. SCREENING REQUIREMENT 23 Pursuant to 28 U.S.C. § 1915(e), the court must screen every in forma pauperis 24 proceeding, and must order dismissal of the case if it is “frivolous or malicious,” “fails to state a 25 claim on which relief may be granted,” or “seeks monetary relief against a defendant who is 26 immune from such relief.” 28 U.S.C. § 1915(e)(2)(B); Lopez v. Smith, 203 F.3d 1122, 1126-27 27 (2000). A claim is legally frivolous when it lacks an arguable basis either in law or in fact. 28 …