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)

Download PDF
1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 SOUTHERN DISTRICT OF CALIFORNIA 8 9 10 11 12 EUGENE ANGELO HARRIS JR., CASE NO. 17cv234-LAB (RBB) Plaintiff, vs. COUNTY OF SAN DIEGO PROBATION DEPARTMENT, ORDER OF DISMISSAL Defendant. 13 14 When a pro se litigant asks to proceed without payment of fees, the Court must 15 “dismiss the case at any time” when it determines the action is “frivolous.” 28 U.S.C. § 1915. 16 The in forma pauperis “statute accords judges not only the authority to dismiss a claim based 17 on an indisputably meritless legal theory, but also the unusual power to pierce the veil of the 18 complaint's factual allegations and dismiss those claims whose factual contentions are 19 clearly baseless.” Neitzke v. Williams, 490 U.S. 319, 327 (1989). 20 Harris asks the Court to terminate his probation and reprimand the Probation 21 Department for taking too long to help him obtain evaluation and treatment at the San Diego 22 Regional Center. Harris also adds, without any factual support, one sentence stating that 23 after he was released from prison, he was assaulted “while being in ‘state hired hands.’” The 24 Court finds the claim is frivolous and fails to state a claim on which relief may be granted. 25 The request to appoint counsel is denied and the case is dismissed without prejudice. 26 27 IT IS SO ORDERED. DATED: May 4, 2017 28 HONORABLE LARRY ALAN BURNS United States District Judge 1

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?