Sandoval v. Clayton

Filing 4

ORDER granting 2 Motion for Leave to Proceed in forma pauperis; denying as moot 3 Motion to Appoint Counsel ; and Dismissing Complaint with Prejudice. After careful review, the Court finds that Plaintiffs complaint is frivolous and void of any p lausible claims for relief. Because it is absolutely clear that the deficiencies of the complaint could not be cured by amendment, the Court dismisses the complaint with prejudice.Signed by Judge Michael M. Anello on 11/16/2009. (All non-registered users served via U.S. Mail Service)(leh)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Hon. Michael M. Anello, U. S. District Judge
09cv2533-MMA (WVG)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
GRACE L. SANDOVAL, Plaintiff, vs. CIVIL CASE NO. 09cv2533-MMA (WVG)

ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS; [Doc. No. 2]

CHERYL CLAYTON, Defendant.

DENYING AS MOOT REQUEST FOR APPOINTMENT OF COUNSEL; [Doc. No. 3] DISMISSING COMPLAINT WITH PREJUDICE

Plaintiff Grace L. Sandoval, proceeding pro se, has filed a complaint [Doc. No. 1], along with a Motion to Proceed in Forma Pauperis ("IFP") [Doc. No. 2] and a Request for Appointment Counsel [Doc. No. 3]. Based on the information provided by Plaintiff, pursuant to 28 U.S.C. § 1915(a), the Court GRANTS Plaintiff's IFP motion, solely for the purpose of the motions currently before the Court. The Court is obligated to review a complaint filed IFP sua sponte and must dismiss the action if it determines that the complaint is frivolous, malicious, or fails to state a claim for relief. See 28 U.S.C. § 1915(e)(2). After careful review, the Court finds that Plaintiff's complaint is frivolous and void of any plausible claims for relief. Because "it is absolutely clear that the deficiencies of the complaint could not be cured by amendment," the Court DISMISSES the complaint with prejudice. Franklin v. Murphy, 245 F.2d 1221, 1228 n.9 (9th Cir. 1984). As such, the Court DENIES AS MOOT Plaintiff's Request for Appointment of Counsel. IT IS SO ORDERED.
DATED: November 16, 2009