Gazave v. Persky

Filing 5

ORDER DENYING WITHOUT PREJUDICE APPLICATION TO PROCEED IN FORMA PAUPERIS. Signed by Judge Richard Seeborg on 1/15/13. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 1/16/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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For the Northern District of California

United States District Court

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MICHELLE GAZAVE
Plaintiff,
v.

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ORDER DENYING WITHOUT
PREJUDICE APPLICATION TO
PROCEED IN FORMA PAUPERIS,

AARON PERSKY,

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No. C 13-00063 RS

Defendant
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Plaintiff seeks leave to proceed in forma pauperis, although no actual application appears in

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the docket. Pursuant to 28 U.S.C. § 1915, a district court may authorize the commencement of a

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civil action in forma pauperis if the court is satisfied that the would-be plaintiff cannot pay the filing

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fees necessary to pursue the action. 28 U.S.C. § 1915(a)(1). The court may deny in forma pauperis

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status, however, if it appears from the face of the proposed complaint that the action is frivolous or

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without merit. O’Loughlin v. Doe, 920 F.2d 614, 616 (9th Cir. 1990); Tripati v. First National Bank

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& Trust, 821 F.2d 1368, 1370 (9th Cir. 1987).

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As presently drafted, the complaint is without merit in that it fails to set forth a cognizable

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claim. The named defendant is a California Superior Court Judge who is alleged to have made

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incorrect rulings in a family law proceeding in Santa Clara Superior Court. To the extent plaintiff

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intends to assert a claim against the defendant individually, as a judge he is entitled to absolute

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immunity for the types of acts alleged. To the extent plaintiff is attempting to overturn the legal

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rulings, there is no jurisdiction in this Court for such collateral attacks on state court decisions.

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Accordingly, plaintiff’s request to proceed in forma pauperis is denied without prejudice. If

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plaintiff does not pay the filing fee by February 22, 2013, the Court will dismiss the action without

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prejudice.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: 1/15/13
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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