Porter
Porter v. Employment Development Department
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 BRIAN M. PORTER Case No.: 20cv1164-LAB (AHG)
Plaintiff,
ORDER GRANTING MOTION TO
v. PROCEED IN FORMA
PAUPERIS;
EMPLOYMENT DEVELOPMENT
DEPARTMENT
ORDER OF DISMISSAL Defendant. WITHOUT PREJUDICE; AND
ORDER REQUIRING PLAINTIFF
TO AMEND
19 Plaintiff Brian Porter filed his complaint in this case along with a motion for leave to proceed in forma pauperis (“IFP”). (Docket no. 2.) While his IFP motion is not complete, it is apparent Porter lacks the funds to pay the filing fee, and his motion is GRANTED. The Court is required to screen the complaint of any plaintiff proceeding IFP, and to dismiss it to the extent it fails to state a claim or is frivolous. 28 U.S.C. § 1915(e)(2). Dismissal for failure to state a claim under § 1915(e)(2) incorporates the standard for failure to state a claim under Federal Rule of Civil Procedure 28 …