Sandoval v. Peraza

Filing 4

ORDER denying as moot Plaintiff's 3 Motion to Appoint Counsel; granting Plaintiff's 2 Motion for Leave to Proceed in Forma Pauperis. Court finds Pla's complaint is frivolous and void of any plausible claims for relief. Court dismisses the complaint w/ prejudice. Signed by Judge Barry Ted Moskowitz on 2/4/2010. Case is closed. (All non-registered users served via U.S. Mail Service)(jah)(av1).

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 Honorable Barry Ted Moskowitz United States District Judge Plaintiff Grace L. Sandoval, proceeding pro se, has filed a Complaint, along with a Motion to Proceed in Forma Pauperis ("IFP"), and a Request for Appointment Counsel. Based on the information provided by Plaintiff, pursuant to 28 U.S.C. § 1915(a), the Court GRANTS Plaintiff's IFP motion. 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. The Complaint is but one in a series of frivolous complaints filed by Plaintiff. 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: February 4, 2010 GRACE L. SANDOVAL, v. ANGEL PERAZA, et al., Defendant. Plaintiff, CASE NO. 10cv265 BTM(AJB) ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS; DENYING REQUEST FOR APPOINTMENT OF COUNSEL AS MOOT; AND DISMISSING COMPLAINT WITH PREJUDICE

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

1

10cv265 BTM(AJB)