Oliver v. Iron Workers Union Local 229 et al

Filing 4

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Oliver must pay a $200 filing fee with the Clerk's office on or before May 1, 2017, if he wants to proceed. Once the filing fee is paid, the Court will issue a separate orde r directing the Clerk to issue a summons and the U.S. Marshal to serve the complaint. If Oliver fails to pay the fee on or before May 1, 2017, the Court shall dismiss the case. Signed by Judge Larry Alan Burns on 4/20/17. (All non-registered users served via U.S. Mail Service)(kas)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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SYLVESTER T. OLIVER,

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CASE NO. 17cv0001-LAB (MDD)
Plaintiff,

vs.
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IRON WORKERS UNION LOCAL 229, et
al.,

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ORDER GRANTING MOTION TO
PROCEED IN FORMA PAUPERIS

Defendants.

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Sylvester Oliver filed a motion to proceed in forma pauperis to commence an action

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against his labor union and two steel companies for retaliation and harassment under Title

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VII. The EEOC issued Oliver a notice of right-to-sue last fall.

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Litigants may commence an action without prepayment of fees when their claim isn’t

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frivolous and they make a showing that they’re unable to pay. 28 U.S.C. § 1915. The Court

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grants Oliver’s motion to proceed in forma pauperis because, at this time, his complaint

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doesn’t appear frivolous and his expenses indicate he’s breaking even. See Pouncil v. Tilton,

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704 F.3d 568, 574 (9th Cir. 2012) (courts must “construe pro se complaints liberally”).1 But

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since Oliver’s earning about $2,000 a month, the Court requires him to pay $200 – half of

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the normal filing fee and 10% of his monthly income – if he wants to proceed.

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///

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The Court cautions Oliver that although it doesn’t find his complaint frivolous under
the low threshold for § 1915 screening, his case may still be dismissed if the defendants file
a 12(b)(6) motion. Teahan v. Wilhelm, 481 F. Supp. 2d 1115 (S.D. Cal. 2007).
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Oliver hasn’t alleged “exceptional circumstances” that warrant appointment of

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counsel. Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991). He presented his claims in

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a lucid and articulate manner. The Court denies his request for counsel.

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Oliver must pay a $200 filing fee with the Clerk’s office on or before May 1, 2017, if

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he wants to proceed. Once the filing fee is paid, the Court will issue a separate order

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directing the Clerk to issue a summons and the U.S. Marshal to serve the complaint. If Oliver

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fails to pay the fee on or before May 1, 2017, the Court shall dismiss the case.

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IT IS SO ORDERED.
DATED: April 20, 2017

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HONORABLE LARRY ALAN BURNS
United States District Judge

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