Banuelos v. Martinez

Filing 3

ORDER Granting 2 IFP signed by Magistrate Judge Gary S. Austin on 1/8/2015. (Martinez, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT BANUELOS,

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15-cv-00010---GSA

Plaintiff,

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ORDER GRANTING IFP
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v.

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(Doc. 2)

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DIANE MARTINEZ,
Defendant.
Plaintiff Robert Banuelos (“Plaintiff”) filed a complaint on January 5, 2015 and an

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application to proceed in forma pauperis on that same day. (Docs. 1 and 2). Plaintiff has made the

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required showing pursuant to 28 U.S.C. § 1915(a). Accordingly, the request to proceed in forma

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pauperis is GRANTED.

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Plaintiff is advised that pursuant to 28 U.S.C. § 1915(e)(2), the Court conducts an initial
review of all pro se complaints for legal sufficiency. The Court must dismiss a complaint or
portion thereof if it determines that the action is legally “frivolous or malicious,” fails to state a

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claim upon which relief may be granted, or seeks monetary relief from a defendant who is
immune from such relief. 28 U.S.C. § 1915(e)(2). If the Court determines that the complaint fails
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to state a claim, leave to amend may be granted to the extent that the deficiencies in the complaint

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may be cured by amendment. Plaintiff is advised that the Court will screen his complaint in due

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course and will issue an order addressing the legal sufficiency of his claims. The Court’s

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screening order will be served on Plaintiff by U.S. Mail.
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IT IS SO ORDERED.
Dated:

January 8, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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