Nguyen v. The Law Office of Phuc Dinh Do et al

Filing 4

ORDER by Judge Jeremy Fogel denying 2 Motion for Leave to Proceed in forma pauperis without prejudice (jflc1, COURT STAFF) (Filed on 10/6/2006)

Nguyen v. The Law Office of Phuc Dinh Do et al

Doc. 4

Case 5:06-cv-05711-JF

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Filed 10/06/2006

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NOT FOR PUBLICATION **Filed 10/6/2006**

IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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D. LIN NGUYEN, Plaintiff, v. THE LAW OFFICE OF PHUC DINH DO, PHUC DIN DO, Defendants.

Case Number C 06-05711 JF (PVT) ORDER1 DENYING WITHOUT PREJUDICE APPLICATION TO PROCEED IN FORMA PAUPERIS [re: docket no. 2 ]

Petitioner filed an application to proceed in forma pauperis on September 19, 2006. Plaintiff filed a complaint in this action on the same date. This complaint consists of a series of unmarked exhibits preceded by this paragraph: I, D. Lin Nguyen, declare that I personally know the facts recited below and if called as a witness would and could competently testify thereto. I have the Chapter 13 Case # 96-54287JRG. Why didn't you follow the contract that we both signed to help me? Why did I hire you because the Law Office of David A. Boone opened a second Chapter 13 that made me lose my contractor license of Western Roofing Co mp any. The complaint provides no explanation of the attached documents.

This disposition is not designated for publication and may not be cited.

Case No. C 06-05711 JF (PVT) O R D E R DENYING WITHOUT PREJUDICE APPLICATION TO PROCEED IN FORMA PAUPERIS (JFLC2)

Dockets.Justia.com

Case 5:06-cv-05711-JF

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Filed 10/06/2006

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Pursuant to 28 U.S.C. § 1915, a district court may authorize the commencement of a civil action in forma pauperis if the court is satisfied that the would-be plaintiff cannot pay the filing fees necessary to pursue the action. 28 U.S.C. § 1915(a)(1). The Court may deny in forma pauperis status, however, if it appears from the face of the proposed complaint that the action is frivolous or without merit. O'Loughlin v. Doe, 920 F.2d 614, 616 (9th Cir. 1990); Tripati v. First National Bank & Trust, 821 F.2d 1368, 1370 (9th Cir. 1987). The Court will DENY without prejudice his application to proceed in forma pauperis on the ground that his complaint as presently framed, on its face, fails to state a cognizable claim. See Sargeant v. Dixon, 130 F.3d 1067, 1069 (D.C. Cir. 1997).

DATED: October 6, 2006

__________________________________ JEREMY FOGEL Unit ed States District Judge

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Case No. C 06-05711 JF (PVT) O R D E R DENYING WITHOUT PREJUDICE APPLICATION TO PROCEED IN FORMA PAUPERIS (JFLC2)

Case 5:06-cv-05711-JF

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Filed 10/06/2006

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Copies of Order mailed on October 6, 2006 to: D. Lin Nguyen 2174 Diana Place San Jose, CA 95116

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Case No. C 06-05711 JF (PVT) O R D E R DENYING WITHOUT PREJUDICE APPLICATION TO PROCEED IN FORMA PAUPERIS (JFLC2)