Weith v. United States of America et al

Filing 7

ORDER. Signed by Judge Charles R. Breyer on January 17, 2006. (crblc2, COURT STAFF) (Filed on 1/17/2006) Additional attachment(s) added on 1/18/2006 (be, COURT STAFF).

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Weith v. United States of America et al Doc. 7 Case 3:05-cv-05370-CRB Document 7 Filed 01/17/2006 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 12 For the Northern District of California JAN A. WEITH, Plaintiff, v. UNITED STATES OF AMERICA, et al. Defendants. / No. C 05-5370 CRB ORDER 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 N o w before the Court is plaintiff's application to proceed in forma pauperis ("IFP"). A court may authorize a plaintiff to prosecute an action in federal court without prepayment o f fees or security if the plaintiff submits an affidavit showing that he or she is unable to pay suc h fees or give security therefor. See 28 U.S.C. 1915(a). Plaintiff has submitted the r eq u ir ed documentation, and it is apparent from her application that her assets and income a r e insufficient to enable plaintiff to prosecute the action. View ing plaintiff's application in isolation, it appears that she should be allowed to proc eed IFP. A court is under a continuing duty, however, to dismiss a case whenever it d e t e r m in e s that the action "(i) is frivolous or malicious; (ii) fails to state a claim on which r e l ie f may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief." 28 U.S.C. 1915(e)(2)(B)(i) -- (iii). Dockets.Justia.com Case 3:05-cv-05370-CRB Document 7 Filed 01/17/2006 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 Plaintif f's complaint appears to allege RICO claims against defendants and requests d a m a g e s of $1 billion. Plaintiff's complaint includes no facts or substantive allegations and t h e r e fo r e fails to state a claim upon which relief can be granted. As a result, to the extent p l a i n ti f f ' s complaint alleges claims against a government entity, it is DISMISSED without l e a v e to amend. IT IS SO ORDERED. Dated: January 17, 2006 CHARLES R. BREYER UNITED STATES DISTRICT JUDGE United States District Court 11 12 For the Northern District of California 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\CRBALL\2005\5370\ifpdismissal.wpd 2

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