Margaret Morris v. Kenneth Atchity et al

Filing 208

ORDER by Judge Ronald S.W. Lew: The Court denies 202 Motion for Leave to Appeal In Forma Pauperis. (dmap)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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11 Margaret Morris, an
individual,
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Plaintiff,
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vs.
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15 Kenneth Atchity, et al.,
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Defendants.

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CV 08-5321 RSWL (JCx)
ORDER [202]

On July 22, 2011, Plaintiff Margaret Morris filed a

20 Motion and Affidavit for Leave to Appeal In Forma
21 Pauperis with this Court [202].

The Court having

22 reviewed all papers submitted pertaining to this
23 Motion, NOW FINDS AND RULES AS FOLLOWS:
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The Court DENIES Plaintiff’s Motion and Affidavit

25 for Leave to Appeal In Forma Pauperis.
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“[T]he privilege of proceeding in forma pauperis is

27 a matter within the discretion of the trial court and
28 in civil actions for damages should be allowed only in
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1 exceptional circumstances.” Weller v. Dickson, 314 F.2d
2 598, 600 (9th Cir. 1963).

The Court finds that

3 Plaintiff has failed to establish that “exceptional
4 circumstances” are present here in this Action.

As

5 such, the Court finds that Plaintiff has failed to
6 establish that she is entitled to an appeal in forma
7 pauperis in this civil action.
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9 DATED: August 15, 2011
10 IT IS SO ORDERED.
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RONALD S.W. LEW

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HONORABLE RONALD S.W. LEW

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Senior, U.S. District Court Judge

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