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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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION 11 For the Northern District of California United States District Court 10 12 VANCE S. ELLIOT, Plaintiff, v. 13 14 15 16 No. C 14-80009RS ORDER DENYING WITHOUT PREJUDICE APPLICATION TO PROCEED IN FORMA PAUPERIS THE DEPARTMENT OF VETERANS AFFAIRS, Defendant. ____________________________________/ 17 18 By order issued in Case No 04-1600 MHP, on August 18, 2004, Judge Marilyn Patel of this 19 district required pre-filing review of all papers submitted by plaintiff involving any claims that were 20 the subject of or related to the claims in that action. Plaintiff has now submitted a complaint 21 apparently alleging slander against the Department of Veterans Affairs. Although the allegations 22 are not entirely clear, they do not appear to relate to the matters plaintiff raised in Case No. 04-1600 23 MHP, and therefore the order in that case does not serve as a basis to deny plaintiff permission to 24 proceed in this action. 25 Plaintiff, however, also seeks leave to proceed in forma pauperis. Pursuant to 28 U.S.C. § 26 1915, a district court may authorize the commencement of a civil action in forma pauperis if the 27 court is satisfied that the would-be plaintiff cannot pay the filing fees necessary to pursue the action. 28 28 U.S.C. § 1915(a)(1). The court may deny in forma pauperis status, however, if it appears from 1 the face of the proposed complaint that the action is frivolous or without merit. O'Loughlin v. Doe, 2 920 F.2d 614, 616 (9th Cir. 1990); Tripati v. First National Bank & Trust, 821 F.2d 1368, 1370 (9th 3 Cir. 1987). 4 As presently drafted, the complaint is without merit in that it is fails to set forth a cognizable 5 claim. In particular, the bulk of the complaint is illegible. Accordingly, plaintiff's request to 6 proceed in forma pauperis is denied without prejudice. If plaintiff does not pay the filing fee within 7 thirty (30) days of receiving this order, this action will be dismissed without prejudice. 8 9 IT IS SO ORDERED. 11 For the Northern District of California United States District Court 10 Dated: 01/27/2014 RICHARD SEEBORG 12 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 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 20 21 22 23 DATED: 01/27/2014 /s/ Chambers Staff Chambers of Judge Richard Seeborg 24 25 26 27 28 2

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