Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Chapa v. Brady

United States District Court, E.D. California

October 10, 2019

ALEXANDRA MARIE CHAPA, Plaintiff,
v.
KEVIN BRADY, et al., Defendants.

          ORDER

          KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE.

         Plaintiff Alexandra Chapa, who is proceeding without counsel in this action, requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915, [1] which was granted. (ECF Nos. 2, 3.) However, plaintiff's complaint was dismissed with leave to amend. (ECF No. 3.) Subsequently, plaintiff filed her first amended complaint. (ECF No. 4.)

         The determination that a plaintiff may proceed in forma pauperis does not complete the required inquiry. Pursuant to 28 U.S.C. § 1915, the court is directed to dismiss the case at any time if it determines that the allegation of poverty is untrue, or if the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against an immune defendant.

         A claim is legally frivolous when it lacks an arguable basis either in law or in fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989); Franklin v. Murphy, 745 F.2d 1221, 1227-28 (9th Cir. 1984). The court may, therefore, dismiss a claim as frivolous where it is based on an indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327.

         Liberally construed, plaintiff's complaint asserts claims pursuant to 42 U.S.C. § 1983 for violations of the United States Constitution based on allegations that Placer County Sheriffs unreasonably seized plaintiff on June 28, 2018, and correction officers mistreated plaintiff on August 13, 2018.

         Based on the limited record before the court, the court cannot conclude that plaintiff's action is frivolous, that the complaint fails to state a claim on which relief can be granted, or that plaintiff seeks monetary relief from an immune defendant. The court reserves decision as to plaintiff's claim until the record is sufficiently developed, meaning this order does not preclude any defendant from challenging plaintiff's complaint through a timely motion pursuant to Federal Rule of Civil Procedure 12 or other appropriate method of challenging plaintiff's pleading. Accordingly, the court orders service of the complaint on the named defendants.

         For the foregoing reasons, IT IS HEREBY ORDERED that:

         1. Service of the amended complaint (ECF No. 4) is appropriate for the named defendants.

         2. The Clerk of Court is directed to issue forthwith all process pursuant to Federal Rule of Civil Procedure 4.

         3. The Clerk of Court shall send plaintiff one USM-285 form, one summons, this court's scheduling order, and the forms providing notice of the magistrate judge's availability to exercise jurisdiction for all purposes.

         4. Plaintiff is advised that to effectuate service, the U.S. Marshal will require:

a. One completed summons;
b. One completed USM-285 form for each defendant to be served;
c. A copy of the amended complaint for each defendant to be served, with an extra copy for ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.