Bush
Bush v. Becerra
Opinion
Trial Court Opinion
1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 4 WILLIAM DAVID BUSH, Case No. 21-cv-07472-SI Plaintiff, Related Case No. 21-cv-06055-SI
v. ORDER DISMISSING COMPLAINT
WITHOUT LEAVE TO AMEND
XAVIER BECERRA, Re: Dkt. No. 2 Defendant.
On September 24, 2021, plaintiff William David Bush filed this pro se lawsuit against Xavier Becerra, Secretary of Health and Human Services. Plaintiff is proceeding in forma pauperis. Where a plaintiff is found to be indigent under 28 U.S.C. § 1915(a)(1) and is granted leave to proceed in forma pauperis, courts must engage in screening and dismiss any claims which: (1) are frivolous or malicious; (2) fail to state a claim on which relief may be granted; or (3) seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B); see Marks v. Solcum, 98 F.3d 494, 495 (9th Cir. 1996). The complaint alleges one cause of action under the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 702-703, seeking…