Mou v. West Valley College et al

Filing 10

ORDER by Judge Jeremy Fogel granting 9 Motion for Leave to Proceed in forma pauperis (jflc1, COURT STAFF) (Filed on 5/14/2009)

Mou v. West Valley College et al

Doc. 10

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**E-Filed 5/14/2009**

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

CHIN-LI MOU, Plaintiff, v. WEST VALLEY COLLEGE, et al., Defendants.

Case Number C 09-1910 JF (RS) ORDER1 (1) GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND (2) RESCHEDULING HEARING ON MOTION FOR PRELIMINARY INJUNCTION [Re: Doc. No. 9]

On May 1, 2009, Plaintiff Chin-Li Mou filed a complaint for injunctive relief for her alleged suspension from Defendant West Valley College. On the same day that the request was filed, Plaintiff filed an application to proceed in forma pauperis. 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 denied Plaintiff's first application on the ground that it appeared that Plaintiff was able to pay the filing fee. Plaintiff has filed a renewed application and has submitted additional material in support

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This disposition is not designated for publication in the official reports.

C a s e No. C 09-1910 JF (RS) O R D E R GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND RESCHEDULING HEARING ON M O T IO N FOR PRELIMINARY INJUNCTION ( JF L C 1 )

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of her request to proceed in forma pauperis. The Court is satisfied that Plaintiff cannot pay the filing fee and that the instant action is not frivolous or without merit. Plaintiff's application to proceed in forma pauperis therefore is GRANTED. IT IS HEREBY ORDERED that the Clerk issue summons, and that the U.S. Marshal for the Northern District of California serve a copy of the complaint and this order upon Defendants. To provide adequate time for Defendants to respond to the complaint and Plaintiff's pending request for a preliminary injunction, IT IS HEREBY ORDERED that Plaintiff's motion for preliminary injunction, previously scheduled to be heard on May 22, 2009 at 9:00 am, is RESCHEDULED and now is set for hearing on May 29, 2009 at 9:00 am. Each party may file a brief in support of or in opposition to the motion for preliminary injunction, not to exceed fifteen (15) pages in length, on or before May 27, 2009.

DATED: May 14, 2009

JEREMY FOGEL United States District Judge

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C a s e No. C 09-1910 JF (RS) O R D E R GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND RESCHEDULING HEARING ON M O T IO N FOR PRELIMINARY INJUNCTION ( JF L C 1 )

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This Order has been served upon the following persons: Chin-Li Mou 4141 Boneso Circle San Jose, CA 95134

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C a s e No. C 09-1910 JF (RS) O R D E R GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND RESCHEDULING HEARING ON M O T IO N FOR PRELIMINARY INJUNCTION ( JF L C 1 )