Brumbaugh v. Roberts

Filing 7

ORDER Granting Plaintiff's 6 Motion to Proceed In Forma Pauperis signed by Magistrate Judge Gary S. Austin on 11/18/2013. (Martinez, A)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 JERRY DWAYNE BRUMBAUGH, 8 9 Plaintiff, v. 10 11 12 13-cv-1776 AWI-GSA CHIEF JUSTICE JOHN ROBERTS, Defendant. ORDER GRANTING PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS (Doc. 6) 13 14 15 On November 4, 2013, Plaintiff Jerry Dwayne Brumbaugh (“Plaintiff”) filed a complaint along with a motion to proceed in forma pauperis, in this action. (Doc. 2). The Court denied 16 17 18 Plaintiff’s motion to proceed in forma pauperis without prejudice, because Plaintiff had not provided sufficient information for the Court to rule on that motion. On November 14, 2013, 19 Plaintiff submitted a completed application to proceed in forma pauperis. (Doc. 6). A review of 20 Plaintiff’s application reveals that he is entitled to proceed in forma pauperis, and, accordingly, 21 his application is GRANTED. 22 Plaintiff is advised that pursuant to 28 U.S.C. § 1915(e)(2), the Court must conduct an 23 initial review of every pro se complaint to determine whether the complaint is legally sufficient 24 25 under the applicable pleading standards. The Court must dismiss a complaint, or portion thereof, 26 if the Court determines that the complaint is legally frivolous or malicious, fails to state a claim 27 upon which relief may be granted, or seeks monetary relief from a defendant who is immune from 28 1 1 such relief. 28 U.S.C. § 1915(e)(2). If the Court determines that a complaint fails to state a 2 claim, leave to amend may be granted to the extent that the deficiencies in the complaint can be 3 cured by amendment. Plaintiff’s complaint will be screened in due course. 4 5 6 7 8 IT IS SO ORDERED. 9 10 11 Dated: November 18, 2013 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: 6i0kij8d 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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