Weaver v. Warden et al

Filing 4

ORDER DISMISSING CASE; ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS. Signed by Judge Richard Seeborg on 10/6/14. (cl, COURT STAFF) (Filed on 10/6/2014)

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*E-Filed 10/6/14*

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

United States District Court
For the Northern District of California

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ORDER OF DISMISSAL;

Plaintiff,

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No. C 14-3970 RS (PR)

WILLIE WEAVER,

ORDER DENYING LEAVE TO
PROCEED IN FORMA PAUPERIS

v.
THIRD WATCH, et al.,
Defendants.
/

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This is a civil rights action filed pursuant to 42 U.S.C. § 1983 by a state prisoner

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proceeding pro se. Plaintiff claims that he has not received his shaving razors on some days.

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It is clear that such claims are frivolous and that relief could not be granted under any set of

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facts that could be proved consistent with the allegations. Hishon v. King & Spaulding, 467

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U.S. 69, 73 (1984). The claims are DISMISSED with prejudice. Plaintiff’s application for

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leave to proceed in forma pauperis (Docket No. 3) is DENIED because the action is

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

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Clerk shall terminate Docket No. 3, enter judgment in favor of defendants, and close the file.

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IT IS SO ORDERED.
DATED: October 6, 2014
RICHARD SEEBORG
United States District Judge

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No. C 14-3970 RS (PR)
ORDER OF DISMISSAL