(PS) Talent v. Dept. of Homeland Security
This text of (PS) Talent v. Dept. of Homeland Security ((PS) Talent v. Dept. of Homeland Security) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID WAYNE TALENT, Case No. 2:24-cv-01266-DJC-CSK 12 Plaintiff, 13 v. 14 DEPARTMENT OF HOMELAND SECURITY, et al., 15 Defendants. 16 17 Plaintiff David Wayne Talent, who is proceeding pro se, has moved to proceed in 18 forma pauperis (“IFP”) in this action. (ECF No. 2.) After determining whether IFP is 19 appropriate and granting IFP, the Court must screen the complaint and dismiss any 20 claims that are frivolous or malicious, fail to state a claim on which relief may be granted, 21 or seek monetary relief against an immune defendant. 28 U.S.C. § 1915(e)(2). Plaintiff's 22 Complaint, which was filed on May 1, 2024, has not yet been screened; thus, the Court 23 has not yet determined whether the Complaint states any cognizable claim(s). Therefore, 24 Defendant Department of Child Support Services’ motion to dismiss (ECF No. 7) is 25 denied as premature. See Gibbons v. Arpaio, 2007 WL 2990151, *2 (D. Az. Oct. 11, 26 2007) (dismissing as premature a motion to dismiss that was filed before screening order 27 issued). The Court will screen the Complaint in due course, and if any cognizable claims 28 remain after screening, Defendants will have the opportunity to respond to the Complaint 1 | or if leave to amend is provided, respond to an Amended Complaint. Accordingly, 2 | Defendant Department of Child Support Services’ motion to dismiss is denied without 3 || prejudice and the July 30, 2024 hearing is vacated. 4 IT IS SO ORDERED. 5 6 | Dated: June 10, 2024 C iy S \U CHI SOO KIM 8 UNITED STATES MAGISTRATE JUDGE 9 10 || 4, tale1266.24 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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