Huang v. Bell et al

Filing 10

ORDER DENYING 2 APPLICATION TO PROCEED IN FORMA PAUPERIS; DISMISSING COMPLAINT WITH LEAVE TO AMEND; AND SETTING DEADLINE FOR PAYMENT OF FILING FEE. Signed by Judge Jeremy Fogel on 12/7/2009. (jflc2, COURT STAFF) (Filed on 12/7/2009)

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

YONG TAN HUANG, Plaintiff, v. TIM BELL and GALE BELL, Defendants.

Case Number C 09-5099 JF (PVT) ORDER1 DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS; DISMISSING COMPLAINT WITH LEAVE TO AMEND; AND SETTING DEADLINE FOR PAYMENT OF FILING FEE [re: document no. 2]

On October 26, 2009, Plaintiff filed the instant complaint, alleging misconduct by a number of non-party judges of the Superior and Appellate Courts of California, but failing to allege any misconduct by the two named defendants, Tim and Gale Bell. 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

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

C a s e No. C 09-5099 JF (PVT) O R D E R DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS ETC. ( JF L C 2 )

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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). As presently drafted, the complaint appears to be without merit in that it fails to set forth a cognizable claim against either of the two named defendants. Accordingly, Plaintiff's request to proceed in forma pauperis will be DENIED, and the complaint will be DISMISSED WITH LEAVE TO AMEND. If Plaintiff does not file an amended complaint AND pay the filing fee within thirty (30) days of receiving this order, the Court will dismiss the action without prejudice.2 IT IS SO ORDERED.

DATED: December 7, 2009

__________________________________ JEREMY FOGEL United States District Judge

The Court declines to adopt the report and recommendation of Magistrate Judge Trumbull that the action be dismissed without leave to amend at this time. 2
C a se No. C 09-5099 JF (PVT) O R D E R DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS ETC. ( JF L C 2 )

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Copies of this Order were served upon the following persons:

Yong Tan Huang 345 N. 5th Street San Jose, CA 95112

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C a se No. C 09-5099 JF (PVT) O R D E R DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS ETC. ( JF L C 2 )