Steshenko v. Gayrard et al

Filing 5

ORDER by Judge Lucy H. Koh granting 2 Motion for Leave to Proceed in forma pauperis; granting 3 Motion for Permission for Electronic Case Filing (lhklc1, COURT STAFF) (Filed on 7/24/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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) Case No.: 13-CV-03400-LHK
)
) ORDER GRANTING APPLICATION TO
) PROCEED IN FORMA PAUPERIS;
) ORDER GRANTING MOTION TO
) ELECTRONICALLY FILE
)
)
)

GREGORY NICHOLAS STESHENKO,
Plaintiff,
v.
SUZANNE GAYRARD, et al.,

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Defendants.

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Before the Court is Plaintiff Gregory Steshenko’s (“Plaintiff”) Application to Proceed In
Forma Pauperis. See ECF No. 2 (“Application”).
Under the federal in forma pauperis statute, a court may authorize the commencement of a

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suit without prepayment of the filing fee required by the clerk of the court if the plaintiff submits

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an affidavit of poverty showing that he or she is “unable to pay such fees or give security therefor.”

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28 U.S.C. § 1915(a). However, even if the plaintiff makes an adequate showing of poverty, the

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Court may deny leave to proceed in forma pauperis if it determines at the outset “from the face of

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the proposed complaint that the action is frivolous or without merit.” Tripati v. First Nat’l Bank &

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Trust, 821 F.2d 1368, 1370 (9th Cir. 1987); see also 28 U.S.C. § 1915(e); Calhoun v. Stahl, 245

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F.3d 845, 845 (9th Cir. 2001) (per curiam) (“[T]he provisions of 28 U.S.C. § 1915(e)(2)(B) are not

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limited to prisoners.”).

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Case No.: 13-CV-03400-LHK
ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS; ORDER GRANTING MOTION TO
ELECTRONICALLY FILE

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Here, Plaintiff’s Complaint, which alleges claims for age discrimination and various civil

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rights violations, does not appear on its face to be frivolous or malicious. Moreover, Plaintiff has

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declared under penalty of perjury that: (1) he is not presently employed; (2) he does not own a

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home; (3) he does not have a bank account; (4) he has only minimal cash savings; (5) his monthly

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expenses exceed $1400.00; and (6) he only receives approximately $500 per month in welfare. See

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Application at 1-4. Plaintiff has thus adequately shown that he is unable to pay the fees required to

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commence this lawsuit.

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United States District Court
For the Northern District of California

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Accordingly, the Court hereby GRANTS Plaintiff’s motion to proceed in forma pauperis.
The Clerk of the Court shall issue the summonses.
Plaintiff has also filed a motion for permission to electronically file documents in this case.

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ECF No. 3. Plaintiff’s motion is GRANTED.

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IT IS SO ORDERED.

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Dated: July 24, 2013

_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 13-CV-03400-LHK
ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS; ORDER GRANTING MOTION TO
ELECTRONICALLY FILE