Biesenbach

Biesenbach v. DOES 1-3

Good Law
United States District Court, Northern District of CaliforniaJanuary 24, 20224:21-cv-08091California4,996 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KLAUS BIESENBACH, Case No. 21-cv-08091-DMR

Plaintiff,

ORDER GRANTING IFP

v. APPLICATION AND SCREENING

COMPLAINT PURSUANT TO 28 U.S.C.

JOHN DOES 1-3, § 1915(E) Defendant. Re: Dkt. Nos. 1, 2,

Plaintiff Klaus Biesenbach filed a complaint (“Compl.”) and an application for leave to proceed in forma pauperis (“IFP”). [Docket Nos. 1, 2.] He also filed an ex parte application for expedited discovery. [Docket No. 5.] Having considered Biesenbach’s papers, the court grants the IFP application but finds that the complaint fails to state a claim on which relief may be granted pursuant to 28 U.S.C. § 1915(e). In light of this ruling, the court further denies Biesenbach’s application for expedited discovery without prejudice. Plaintiff may file a first amended complaint that addresses the deficiencies identified in this screening order within twenty- one days—i.e., by February 14, 2022.1 I. …

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