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