Enwere v. Terman Apartments, LP et al

Filing 7

ORDER by Judge Jeremy Fogel granting 2 Motion for Leave to Proceed in forma pauperis (jflc1, COURT STAFF) (Filed on 3/16/2007)

Enwere v. Terman Apartments, LP et al

Doc. 7

Case 5:07-cv-01239-JF

Document 7

Filed 03/16/2007

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**Original Filed 3/16/07**

NOT FOR CITATION 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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CATHY ENWERE, Plaintiff, v.

Case Number C 07-1239 JF ORDER1 GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS [re: docket no. 2]

TERMAN APARTMENTS, LP, d/b/a G & K Management Co. Defendant.

Plaintiff, proceeding pro se, has filed a complaint alleging racial discrimination in housing. The complaint consists of factual allegations in narrative form. The crux of Plaintiff's allegations is that she made an appointment to see an apartment, but that when she arrived for the appointment and Defendant became aware of her race, Defendant refused to show her the apartment. The complaint does not cite relevant statutory sections or include a statement of jurisdiction. On the same date, Plaintiff filed an application to proceed in forma pauperis. Pursuant to

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

C a s e No. C 07-1239 JF O R D E R GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS ( JF L C 1 )

Dockets.Justia.com

Case 5:07-cv-01239-JF

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Filed 03/16/2007

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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 is satisfied that Plaintiff cannot pay the filing fee. 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). While the pro se complaint in the instant case is not pleaded artfully and may require amendment, the Court concludes that the action is not frivolous or without merit. The Court will grant Plaintiff's application to proceed in forma pauperis. The Marshal shall affect service of process. The Court counsels Plaintiff to seek legal representation in this matter.

IT IS SO ORDERED.

DATED: March 16, 2007.

JEREMY FOGEL United States District Judge

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C a s e No. C 07-1239 JF O R D E R GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS ( JF L C 1 )

Case 5:07-cv-01239-JF

Document 7

Filed 03/16/2007

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This Order has been served upon the following persons: Cathy Enwere 1263 Madura Ave. Menlo Park, CA 94025

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C a s e No. C 07-1239 JF O R D E R GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS ( JF L C 1 )