(PS)Schultz v. Kern County

Filing 9

ORDER Regarding 7 Plaintiff's Second Application to Proceed Without Prepayment of Fees or Costs signed by Magistrate Judge Barbara A. McAuliffe on 6/2/2022. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SUSAN MARIE SHULTZ, 12 Plaintiff, 13 14 15 v. No. 1:22-cv-00646-JLT-BAM ORDER REGARDING PLAINTIFF’S SECOND APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES OR COSTS KERN COUNTY, et al., (Doc. 7) Defendants. 16 17 Plaintiff Susan Marie Shultz is proceeding pro se in this action. Plaintiff filed a request 18 for leave to proceed in forma pauperis, and submitted the affidavit required by 28 U.S.C. § 19 1915(a). (Doc. 2.) The request to proceed in forma pauperis was granted on March 4, 2022, and 20 Plaintiff was permitted leave to file an amended complaint. (Doc. 3.) 21 On May 23, 2022, Plaintiff filed a first amended complaint (Doc. 6) and a second request 22 for leave to proceed in forma pauperis (Doc. 7). Thereafter, on May 31, 2022, the matter was 23 transferred to this Court from the Sacramento Division of the United States District Court for the 24 Eastern District of California. (Doc. 8.) 25 Currently pending before the Court is Plaintiff’s second request for leave to proceed in 26 forma pauperis. (Doc. 7.) Plaintiff’s second affidavit has made the showing required by section 27 1915(a) to continue proceeding in forma pauperis. Given that Plaintiff’s initial request to proceed 28 in forma pauperis was granted, the Court finds Plaintiff’s second request redundant and 1 1 unnecessary. The request is therefore DISREGARDED. Plaintiff continues to proceed in forma 2 pauperis in this action. 3 Plaintiff is advised that the Court is required to screen complaints of pro se litigants 4 proceeding in forma pauperis pursuant to Title 28 of the United States Code section 1915(e)(2). 5 The Court must dismiss a complaint or portion thereof if the action is legally “frivolous or 6 malicious,” fails to state a claim upon which relief may be granted, or seeks monetary relief 7 against a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B). As a result, no 8 summons will issue at this time. The Court will direct the United States Marshal to serve 9 Plaintiff’s complaint only after the Court has screened the complaint and determined that it 10 contains cognizable claims for relief against the named defendants. The Court will screen 11 Plaintiff’s complaint in due course. 12 13 14 IT IS SO ORDERED. Dated: /s/ Barbara June 2, 2022 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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