(PS) Brown v. Department of Veteran Affairs

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD LOUIS BROWN, No. 2:24-cv-01022 DJC AC (PS) 12 Plaintiff, ORDER and 13 v. FINDINGS AND RECOMMENDATIONS 14 DEPARTMENT OF VETERANS AFFAIRS, et al., 15 Defendants. 16

17 18 Plaintiff is proceeding in this action pro se. This matter was accordingly referred to the 19 undersigned by E.D. Cal. 302(c)(21). Plaintiff has filed a request for leave to proceed in forma 20 pauperis (“IFP”), and has submitted the affidavit required by that statute. See 28 U.S.C. 21 § 1915(a)(1). The motion to proceed IFP (ECF No. 2) will therefore be granted. 22 I. Screening 23 A. Legal Standards 24 The federal IFP statute requires federal courts to dismiss a case if the action is legally 25 “frivolous or malicious,” fails to state a claim upon which relief may be granted, or seeks 26 monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2). A 27 claim is legally frivolous when it lacks an arguable basis either in…