(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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SUSAN MARIE SHULTZ,

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Plaintiff,

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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.

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Plaintiff Susan Marie Shultz is proceeding pro se in this action. Plaintiff filed a request

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for leave to proceed in forma pauperis, and submitted the affidavit required by 28 U.S.C. §

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1915(a). (Doc. 2.) The request to proceed in forma pauperis was granted on March 4, 2022, and

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Plaintiff was permitted leave to file an amended complaint. (Doc. 3.)

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On May 23, 2022, Plaintiff filed a first amended complaint (Doc. 6) and a second request

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for leave to proceed in forma pauperis (Doc. 7). Thereafter, on May 31, 2022, the matter was

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transferred to this Court from the Sacramento Division of the United States District Court for the

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Eastern District of California. (Doc. 8.)

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Currently pending before the Court is Plaintiff’s second request for leave to proceed in

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forma pauperis. (Doc. 7.) Plaintiff’s second affidavit has made the showing required by section

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1915(a) to continue proceeding in forma pauperis. Given that Plaintiff’s initial request to proceed

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in forma pauperis was granted, the Court finds Plaintiff’s second request redundant and
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unnecessary. The request is therefore DISREGARDED. Plaintiff continues to proceed in forma

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pauperis in this action.

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Plaintiff is advised that the Court is required to screen complaints of pro se litigants

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proceeding in forma pauperis pursuant to Title 28 of the United States Code section 1915(e)(2).

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The Court must dismiss a complaint or portion thereof if the action is legally “frivolous or

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malicious,” fails to state a claim upon which relief may be granted, or seeks monetary relief

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against a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B). As a result, no

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summons will 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 will screen

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Plaintiff’s complaint in due course.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

June 2, 2022

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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