Berry v. Modesto Area Express Regional Transit et al

Filing 6

ORDER GRANTING Application to Proceed Without Prepayment of Fees or Costs 3 , 5 , signed by Magistrate Judge Barbara A. McAuliffe on 4/15/18. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DEBRA BERRY,

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Case No. 1:18-cv-00022-DAD-BAM
Plaintiffs

v.
MODESTO AREA EXPRESS
REGIONAL TRANSIT, et al.,

ORDER GRANTING APPLICATION TO
PROCEED WITHOUT PREPAYMENT OF
FEES OR COSTS
(Docs. 3, 5)

Defendants.

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Plaintiff Debra Berry is proceeding pro se and has requested leave to proceed in forma
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pauperis pursuant to Title 28 of the United States Code section 1915(a). Although Plaintiff did
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not correctly complete the long form application to proceed in forma pauperis, it is clear that she
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has made the showing required by section 1915(a). Accordingly, the request to proceed in forma
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pauperis will be granted. 28 U.S.C. § 1915(a).
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Plaintiff is advised that the Court screens the complaints of pro se litigants proceeding in
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forma pauperis pursuant to Title 28 of the United States Code section 1915(e)(2). The Court must
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dismiss a complaint if the litigant has raised claims that are legally “frivolous or malicious,” that

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fail to state a claim upon which relief may be granted, or that seek monetary relief from a
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defendant(s) who is immune from such relief.

28 U.S.C. § 1915(e)(2)(B).

As a result,

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summonses will not issue at this time. The Court will direct the United States Marshal to serve
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Plaintiff’s complaint only after the Court has screened the complaint and determined that it

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contains cognizable claims for relief against the named defendants. The Court has a large number

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of such cases pending before it and will screen Plaintiff’s complaint in due course.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 15, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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