Weaver v. Third Watch et al

Filing 6

ORDER REOPENING CASE; ORDER OF DISMISSAL; ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS. Signed by Judge Richard Seeborg on 8/1/14. (Attachments: # 1 Certificate/Proof of Service)(cl, COURT STAFF) (Filed on 8/1/2014)

*E-Filed 8/1/14*

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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WILLIE WEAVER,
Plaintiff,

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United States District Court
For the Northern District of California

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No. C 14-1970 RS (PR)
ORDER REOPENING ACTION;

v.

ORDER OF DISMISSAL;

THIRD WATCH, et al.,

ORDER DENYING LEAVE TO
PROCEED IN FORMA PAUPERIS

Defendants.
/

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This civil rights action was dismissed because plaintiff failed to pay the filing fee or

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file a complete application to proceed in forma pauperis (“IFP”). He since has filed a

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complete IFP application, which the Court construes as containing a motion to reopen the

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action. So construed, it is GRANTED. The action is REOPENED, and the Clerk is directed

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to amend the docket accordingly. The judgment (Docket No. 4) and the order of dismissal

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(Docket No. 3) are VACATED.

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Plaintiff claims that he has not received his shaving razors on some days. It is clear

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that such claims are frivolous and that relief could not be granted under any set of facts that

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could be proved consistent with the allegations. Hishon v. King & Spaulding, 467 U.S. 69,

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73 (1984). The claims are DISMISSED with prejudice. Plaintiff’s application for leave to

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proceed in forma pauperis (Docket No. 5) is DENIED because the action is frivolous.

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Tripati v. First Nat. Bank & Trust, 821 F.2d 1368, 1370 (9th Cir. 1987). The Clerk shall

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terminate Docket No. 5, enter judgment in favor of defendants, and close the file.

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IT IS SO ORDERED.
DATED: August 1, 2014
RICHARD SEEBORG
United States District Judge

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No. C 14-1970 RS (PR)
ORDER OF DISMISSAL