Grigg
Grigg v. U.S. Ninth Circuit Court of Appeals
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PETER GRIGG, Case No. 23-cv-02638-EMC (EMC)
Plaintiffs,
ORDER ADOPTING MAGISTRATE
v. JUDGE'S REPORT AND
RECOMMENDATION AND
U.S. NINTH CIRCUIT COURT OF DISMISSING COMPLAINT WITH
APPEALS, PREJUDICE
11 Defendants. Docket No.
13 Plaintiff Peter Grigg filed an application to proceed in forma pauperis in this matter. 14 Docket No. 5. On July 20, 2023, Magistrate Judge Tse screened the Plaintiff’s complaint pursuant 15 to 28 U.S.C. § 1915(e)(2)(B)(ii), which provides that “[n]otwithstanding any filing fee, or any 16 portion thereof, that may have been paid, the court shall dismiss the case at any time if the court 17 determines that—. . . the action or appeal . . . fails to state a claim on which relief may be 18 granted.” Docket No. 6. Judge Tse found that the complaint was deficient because it named two 19 defendants that are immune from liability. Id. Accordingly, Judge Tse recommended that the case 20…