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
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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
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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
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