Clark v. Capital Income and Growth Fund, LLC, et al.

Filing 7

ORDER GRANTING 2 Motion to Proceed IFP, signed by Magistrate Judge Barbara A. McAuliffe on 10/1/15. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BERNARD CLARK,

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Plaintiff,

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ORDER GRANTING APPLICATION
TO PROCEED IN FORMA PAUPERIS

v.
CAPITAL INCOME AND GROWTH
FUND, LLC, et al.,

(Doc. 2)

Defendants.

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Case No. 1:15-cv-01479-SMS

By motion filed on May 29, 2015, Plaintiff Bernard Clark seeks to proceed in forma
pauperis. Plaintiff has submitted a declaration that makes the showing required by 28 U.S.C. §

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1915(a). Accordingly, the court GRANTS Plaintiff’s motion to proceed in forma pauperis.
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Plaintiff is advised that under 28 U.S.C. § 1915(e)(2), the court must conduct an initial

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review of all pro se complaints to determine whether it sets forth a sufficient claim(s). The court

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must dismiss a complaint or portion thereof if the court determines that the action is legally: “(i)

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frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks

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monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2). If the

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court determines that the complaint fails to state a claim, leave to amend may be granted to the

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extent that the deficiencies can be cured by amendment. Plaintiff is advised that his complaint will
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be screened in due course.

IT IS SO ORDERED.

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Dated:

October 1, 2015

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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