Harris Jr. v. County of San Diego Probation Department
ORDER of Dismissal; Denying 3 Motion to Appoint Counsel. The Court finds the claim is frivolous and fails to state a claim on which relief may be granted. The request to appoint counsel is denied and the case is dismissed without prejudice. Signed by Judge Larry Alan Burns on 5/4/2017. (All non-registered users served via U.S. Mail Service)(lrf)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
EUGENE ANGELO HARRIS JR.,
CASE NO. 17cv234-LAB (RBB)
COUNTY OF SAN DIEGO PROBATION
ORDER OF DISMISSAL
When a pro se litigant asks to proceed without payment of fees, the Court must
“dismiss the case at any time” when it determines the action is “frivolous.” 28 U.S.C. § 1915.
The in forma pauperis “statute accords judges not only the authority to dismiss a claim based
on an indisputably meritless legal theory, but also the unusual power to pierce the veil of the
complaint's factual allegations and dismiss those claims whose factual contentions are
clearly baseless.” Neitzke v. Williams, 490 U.S. 319, 327 (1989).
Harris asks the Court to terminate his probation and reprimand the Probation
Department for taking too long to help him obtain evaluation and treatment at the San Diego
Regional Center. Harris also adds, without any factual support, one sentence stating that
after he was released from prison, he was assaulted “while being in ‘state hired hands.’” The
Court finds the claim is frivolous and fails to state a claim on which relief may be granted.
The request to appoint counsel is denied and the case is dismissed without prejudice.
IT IS SO ORDERED.
DATED: May 4, 2017
HONORABLE LARRY ALAN BURNS
United States District Judge
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