Free Order on Motion for Leave to Proceed in forma pauperis - District Court of California - California

Case 5:07-cv-05117-JF

Document 9

Filed 10/04/2007

Page 1 of 2

1 2 **E-filed 10/04/07** 3 4 5 6 7 8 NOT FOR CITATION 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 SAN JOSE DIVISION 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
1

JOHN DOE, Plaintiff, v. THE DEPARTMENT OF CORRECTION, et al.,

Case Number C-07-80227 MISC JF ORDER1 GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS

[re: docket no. 2] Defendants.

Pursuant to 28 U.S.C. § 1915, a district court may authorize the commencement of a civil action in forma pauperis if the court is satisfied that the would-be plaintiff cannot pay the filing fees necessary to pursue the action. 28 U.S.C. § 1915(a)(1). The court may deny in forma pauperis status, however, if it appears from the face of the proposed complaint that the action is frivolous or without merit. O'Loughlin v. Doe, 920 F.2d 614, 616 (9th Cir. 1990); Tripati v. First National Bank & Trust, 821 F.2d 1368, 1370 (9th Cir. 1987). Given that pro se pleadings are to be liberally construed, Mr. Doe's filing on September 17, 2007 will be deemed to include a

This disposition is not designated for publication and may not be cited.

Case No. C-07-80227 MISC JF ORDER GRANTING IN FORMA PAUPERIS (JFLC3)

Case 5:07-cv-05117-JF

Document 9

Filed 10/04/2007

Page 2 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

complaint even though not labeled as such. In his application for in forma pauperis, Mr. Doe indicates he is unemployed and receiving social security disability benefits. The application to proceed in forma pauperis is GRANTED. The Marshal shall serve the parties by the close of business on the date of this Order.

IT IS SO ORDERED

DATED: October 4, 2007

_____________________________ JEREMY FOGEL United States District Judge

2
Case No. C-07-8022 MISC JF ORDER GRANTING IN FORMA PAUPERIS (JFLC3)