Nicholaw v. Board of Supervisors

Filing 6

ORDER by Judge Joseph C. Spero Granting Motion for Leave to Proceed in forma pauperis; Dismissing Complaint with Leave to Amend (jcslc2, COURT STAFF) (Filed on 10/14/2011)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 ANDY NICHOLAW, 9 Plaintiff, v. 11 For the Northern District of California United States District Court 10 No. C-11-4272 JCS BOARD OF SUPERVISORS, 12 Defendants. ________________________________/ ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DISMISSING COMPLAINT WITH LEAVE TO AMEND [Docket Nos. 1, 2] 13 14 Plaintiff Andy Nicholaw has filed an application to proceed in forma pauperis 15 (“Application”). He has consented to the jurisdiction of a United States magistrate judge pursuant to 16 28 U.S.C. § 636(c). The Court has reviewed the Application and finds that Plaintiff is indigent. 17 Therefore, the Application is GRANTED. 18 Having granted Plaintiff’s Application, the Court reviews what it construes as a complaint 19 (the document is entitled “Motion for Declaratory Relief”), pursuant to 28 U.S.C. § 1915(e)(2), 20 which requires that the Court dismiss an in forma pauperis complaint that fails to state a claim. 21 Marks v. Solcum, 98 F.3d 494, 495 (9th Cir. 1996). The Court is unable to discern any legally 22 cognizable claim in Plaintiff’s complaint. Therefore, the Court DISMISSES plaintiff’s complaint 23 with leave to amend. Plaintiff shall be given thirty (30) days from the date of this order in which to 24 amend his complaint. In his amended complaint, Plaintiff shall identify each claim clearly and 25 legibly and state the specific facts supporting each claim. If Plaintiff in his amended complaint 26 states a claim upon which relief may be granted, the Court will order service of the complaint on the 27 Defendant(s). 28 In addition, without making any endorsement in this regard, Plaintiff is advised that the 1 1 San Francisco Bar Association operates a lawyer referral service which may be helpful in 2 securing pro bono counsel. Moreover, Plaintiff may wish to seek assistance from the Legal Help 3 Center, located on the 15th Floor of the Federal Building, 450 Golden Gate Avenue, San Francisco, 4 CA, in Room 2796, where Plaintiff may sign up for a free appointment with an attorney who may be 5 able to provide basic legal help, but not legal representation. The telephone number for scheduling 6 an appointment with the Legal Help Center is (415) 782-9000, extension 8657. 7 8 9 thirty days of the date of this order. IT IS SO ORDERED. DATED: October 14, 2011 11 For the Northern District of California United States District Court 10 The Clerk is directed to close the file in this case if an amended complaint is not filed within ______________________________ JOSEPH C. SPERO United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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