Elliott v. The Department of Veterens Affairs

Filing 3

ORDER DENYING WITHOUT PREJUDICE APPLICATION TO PROCEED IN FORMA PAUPERIS. Signed by Judge Richard Seeborg on 1/27/14. (cl, COURT STAFF) (Filed on 1/27/2014)

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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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VANCE S. ELLIOT,
Plaintiff,
v.

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No. C 14-80009RS
ORDER DENYING WITHOUT
PREJUDICE APPLICATION TO
PROCEED IN FORMA PAUPERIS

THE DEPARTMENT OF VETERANS
AFFAIRS,
Defendant.
____________________________________/

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By order issued in Case No 04-1600 MHP, on August 18, 2004, Judge Marilyn Patel of this

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district required pre-filing review of all papers submitted by plaintiff involving any claims that were

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the subject of or related to the claims in that action. Plaintiff has now submitted a complaint

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apparently alleging slander against the Department of Veterans Affairs. Although the allegations

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are not entirely clear, they do not appear to relate to the matters plaintiff raised in Case No. 04-1600

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MHP, and therefore the order in that case does not serve as a basis to deny plaintiff permission to

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proceed in this action.

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Plaintiff, however, also seeks leave to proceed in forma pauperis. Pursuant to 28 U.S.C. §

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1915, a district court may authorize the commencement of a civil action in forma pauperis if the

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court is satisfied that the would-be plaintiff cannot pay the filing fees necessary to pursue the action.

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28 U.S.C. § 1915(a)(1). The court may deny in forma pauperis status, however, if it appears from

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the face of the proposed complaint that the action is frivolous or without merit. O'Loughlin v. Doe,

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920 F.2d 614, 616 (9th Cir. 1990); Tripati v. First National Bank & Trust, 821 F.2d 1368, 1370 (9th

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Cir. 1987).

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

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claim. In particular, the bulk of the complaint is illegible. Accordingly, plaintiff's request to

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proceed in forma pauperis is denied without prejudice. If plaintiff does not pay the filing fee within

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thirty (30) days of receiving this order, this action will be dismissed without 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: 01/27/2014
RICHARD SEEBORG

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UNITED STATES DISTRICT JUDGE

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THIS IS TO CERTIFY THAT A HARD COPY OF THIS ORDER WAS MAILED TO:
Vance S. Elliott
640 Eddy Street, #219
San Francisco, CA 94109

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DATED: 01/27/2014
/s/ Chambers Staff
Chambers of Judge Richard Seeborg

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