Harris Jr. v. County of San Diego Probation Department

Filing 6

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)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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EUGENE ANGELO HARRIS JR.,

CASE NO. 17cv234-LAB (RBB)

Plaintiff,
vs.
COUNTY OF SAN DIEGO PROBATION
DEPARTMENT,

ORDER OF DISMISSAL

Defendant.

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When a pro se litigant asks to proceed without payment of fees, the Court must

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“dismiss the case at any time” when it determines the action is “frivolous.” 28 U.S.C. § 1915.

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The in forma pauperis “statute accords judges not only the authority to dismiss a claim based

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on an indisputably meritless legal theory, but also the unusual power to pierce the veil of the

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complaint's factual allegations and dismiss those claims whose factual contentions are

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clearly baseless.” Neitzke v. Williams, 490 U.S. 319, 327 (1989).

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Harris asks the Court to terminate his probation and reprimand the Probation

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Department for taking too long to help him obtain evaluation and treatment at the San Diego

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Regional Center. Harris also adds, without any factual support, one sentence stating that

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after he was released from prison, he was assaulted “while being in ‘state hired hands.’” The

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Court finds the claim is frivolous and fails to state a claim on which relief may be granted.

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The request to appoint counsel is denied and the case is dismissed without prejudice.

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IT IS SO ORDERED.
DATED: May 4, 2017

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HONORABLE LARRY ALAN BURNS
United States District Judge
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