EVANS v. PANASONIC CORPORATION OF NORTH AMERICA

Filing 4

ORDER Granting in forma pauperis application and dismissing complaint. Signed by Judge Dennis M. Cavanaugh on 6/7/13. (jr)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

SCOTT EVANS
Hon. Dennis M. Cavanaugh
Plaintiff,
ORDER
V.

PANASONIC CORPORATION OF
NORTH AMERICA

Civil Action No. 2:13-cv-0223i

Defendant

DENNIS M. CAVANAUGH, U.S.D.J.:
This matter comes before the Court upon Plaintiff Scott Evans’ filing of his
amended complaint and informapauperis application on April 25, 2013. (ECF No. 3)
After considering the amended complaint and application and based upon the following:
WHEREAS Plaintiff’s inJörma pauperis application states his average monthly
income is $815.68 and Plaintiff also states that his lack of income has resulted in an
“overdrawn” checking account;
WHEREAS “motions to proceed [informa pauperis] must be assessed in a twostep process. ‘First the district court evaluates a litigant’s financial status and determines
whether (s)he is eligible to proceed informa pauperis under
assesses the complaint under

§

1915(a). Second, the court

1915(e)(2)] to determine whether it is frivolous,”

[

Shneller v. Able Home Care, Inc., 389 F. App’x 90, 92 (3d Cir. 2010)(citing Roman v.
Jeffes, 904 F.2d 192, 194 n.1 (3d Cir. 1990)(citation omitted));
WHEREAS 28 U.S.C.

§

l915(e)(2)(B) states that the dismissal of an informa

pauperis proceeding is appropriate at any time upon this Court’s finding that the

complaint is frivolous or malicious or fails to state a claim upon which relief may be
granted.
WHEREAS this Court granted Plaintiff leave to amend his complaint in order to
allow Plaintiff to supplement his complaint with a factual basis for his pleaded claims;
(April 15, 2013, ECF No. 2)
WHEREAS Plaintiff fails to include any significant, factual basis to justify his

claim that he was fired from his place of employment because of his race or for any other
discriminatory factors and this Court finds that the amended complaint fails to state a
claim upon which relief may be granted;
IT IS on this

—?

day of June, 2013;

ORDERED that Plaintiff’s informa pauperis application is granted and

Plaintiff’s complaint is dismissed.

/

72

Dennis M. Cavanaugh.1J.S.D.J

Orig.:
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