Hillard v. Chase Bank et al

Filing 3

ORDER Dismissing Complaint without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(I). Plaintiff's 2 Motion for Leave to Proceed in forma pauperis is Denied. Signed by Judge Dana M. Sabraw on 6/23/10. (All non-registered users served via U.S. Mail Service)(lao)

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 The Court notes it is unclear whether Mr. Hillard is a "prisoner" under 28 U.S.C. § 1915(h). However, for purposes of the present Order, the Court will assume that he falls within that definition. -110cv1246
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
LAWRENCE "LARRY" HILLARD, vs. CHASE BANK, et al., Defendants. Plaintiff Lawrence "Larry" Hillard is currently incarcerated in a Mexican prison, and has filed the present Complaint with the help of his friend, James Connelly. Mr. Connelly has also filed an Application to Proceed In Forma Pauperis ("IFP") on behalf of Mr. Hillard. Motion to Proceed IFP1 All parties instituting any civil action, suit or proceeding in a district court of the United States, except an application for writ of habeas corpus, must pay a filing fee of $350. See 28 U.S.C. § 1914(a). An action may proceed despite a plaintiff's failure to prepay the entire fee only if the plaintiff is granted leave to proceed IFP pursuant to 28 U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). Plaintiff here has not satisfied the requirements of Section 1915(a) or (b), /// Plaintiff, CASE NO. 10cv1246 DMS (JMA) ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE PURSUANT TO 28 U.S.C. § 1915(e)(2)(B)(I)

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/// therefore his application to proceed IFP is DENIED and the Complaint is DISMISSED without prejudice. IT IS SO ORDERED. DATED: June 23, 2010

HON. DANA M. SABRAW United States District Judge

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