Free Order - District Court of California - California

Case 3:07-cv-04802-WHA

Document 5

Filed 09/20/2007

Page 1 of 2

1 2 3 4 5 6 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 10 MICHAEL ADAMS, Plaintiff, v. UNITED STATES OF AMERICA, Defendant. / Plaintiff Michael Adams filed his complaint and application to proceed in forma pauperis on September 18, 2007. A court may authorize a plaintiff to prosecute an action in federal court without prepayment of fees or security therefor, if the plaintiff submits an affidavit showing that he or she is unable to pay such fees. 28 U.S.C. 1915(a). Plaintiff has submitted the required documentation, and it is evident from his application that his assets and income are insufficient to enable plaintiff to pay the filing fees. Viewing plaintiff's application in isolation, it thus appears that he should be allowed to proceed in forma pauperis. A court is under a continuing duty, however, to dismiss a case whenever it determines that the action "(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief." 28 U.S.C. 1915(e)(2)(B). Plaintiff's complaint concerning wrongful death, asbestos, and public corruption does not appear to state any cognizable claims. It is also unclear what relief is requested. ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DISMISSING COMPLAINT No. C 07-04802 WHA IN THE UNITED STATES DISTRICT COURT

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Case 3:07-cv-04802-WHA

Document 5

Filed 09/20/2007

Page 2 of 2

1 2 3 4 5 6 7 8 9 10

Accordingly, the complaint must be dismissed. Lopez v. Smith, 203 F.3d 1122, 1126 (9th Cir. 2000) (holding that a district court is required "to dismiss an in forma pauperis complaint that fails to state a claim"). For the foregoing reasons, this order GRANTS plaintiff's application to proceed in forma pauperis, and simultaneously, DISMISSES the complaint with leave to amend. This means plaintiff may file an amended complaint as long as it is received in the Clerk's office by OCTOBER 22, 2007. Otherwise, judgment will be entered accordingly. The amended complaint shall comply with the following requests: 1. 2. Please include "Case No. C 07-4802 WHA" in the caption. Please write a simple statement why you believe a federal court has the power to decide particular case, i.e., subject-matter jurisdiction. 3. Please write a simple statement explaining why you believe the Northern District of California is the proper venue for this action. 4. 5. Please explain what you believe the defendant did to you that was unlawful. Please explain what laws you believe were violated by defendants' conduct

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

IT IS SO ORDERED.

Dated: September 20, 2007.

WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

2