Hurt v. Zimmerman

Filing 10

ORDER DISMISSING ACTION; GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS. Signed by Judge Maxine M. Chesney on July 5, 2012. (mmclc2, COURT STAFF) (Filed on 7/5/2012) (Additional attachment(s) added on 7/5/2012: # 1 Certificate of Service) (tlS, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

For the Northern District of California

United States District Court

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TYRONE HURT,
Plaintiff,

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No. C-12-3139 MMC
ORDER DISMISSING ACTION;
GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS

v.
GEORGE ZIMMERMAN, et al.,
Defendants.

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Before the Court is plaintiff Tyrone Hunt’s complaint and application to proceed in

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forma pauperis, both filed June 15, 2012. Having read and considered said filings, the

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Court rules as follows.

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It appearing from plaintiff’s application that he lacks funds to pay the initial filing fee,
the application to proceed in forma pauperis is hereby GRANTED.

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Pursuant to 28 U.S.C. § 1915(e), where, as here, a plaintiff proceeds in forma

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pauperis, the district court must dismiss the complaint if the court determines the complaint

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is frivolous or malicious, or that the plaintiff has failed to state a claim upon which relief can

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be granted. See 28 U.S.C. § 1915(e)(2)(B)(i), (ii).

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Here, plaintiff’s complaint falls within the category of pleadings identified in

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§ 1915(e)(2)(B)(i) and (ii). Plaintiff alleges no injury to himself, but, rather, alleges that

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defendant George Zimmerman shot and killed Trayvon Martin and “should therefore, be

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placed into permanent exile from this Nation, (U.S.A.).” (See Compl. at 2.) Plaintiff fails to

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allege a cognizable basis for his claim, and no such basis is apparent from the allegations.

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Moreover, there is no indication plaintiff can cure the deficiency.

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Accordingly, plaintiff’s complaint is hereby DISMISSED, pursuant to 28 U.S.C.
§ 1915(e)(2)(B).

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The Clerk shall close the file.

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IT IS SO ORDERED.

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Dated: July 5, 2012
MAXINE M. CHESNEY
United States District Judge

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