Clavette v. Skamania County Sheriff et al

Filing 3

ORDER denying 1 Plaintiff's Motion for Leave to Proceed in forma pauperis; denying 2 Motion to Appoint Counsel. Plaintiff has 15 days from the date of this Order to pay the filing fee, or this matter will be dismissed. Signed by Judge Ronald B. Leighton.(DN) Modified on 1/11/2013 (DN). (cc to pltf)

HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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Order

Plaintiff,

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No. 12-cv-6027 RBL

CLAUDIA R.D. CLAVETTE,

v.
[Dkts. #1, 2]
SKAMANIA COUNTY SHERIFF, et al.,
Defendants.

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I.

INTRODUCTION

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Before the Court is Plaintiff Claudia Clavette’s application to proceed in forma pauperis.

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[Dkt. #1] and application for appointment of counsel [Dkt. #2]. For the reasons set forth below,

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the Court denies the applications.

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II.

DISCUSSION

A. Application to Proceed In Forma Pauperis.
A district court may permit indigent litigants to proceed in forma pauperis upon

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completion of a proper affidavit of indigency. See 28 U.S.C. § 1915(a). The court has broad

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discretion in resolving the application, but “the privilege of proceeding in forma pauperis in civil

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actions for damages should be sparingly granted.” Weller v. Dickson, 314 F.2d 598, 600 (9th

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Cir. 1963), cert. denied 375 U.S. 845 (1963). Moreover, a court should “deny leave to proceed

Order - 1

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in forma pauperis at the outset if it appears from the face of the proposed complaint that the

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action is frivolous or without merit.” Tripati v. First Nat’l Bank & Trust, 821 F.2d 1368, 1369

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(9th Cir. 1987) (citations omitted); see also 28 U.S.C. § 1915(e)(2)(B)(i). An in forma pauperis

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complaint is frivolous if “it ha[s] no arguable substance in law or fact.” Id. (citing Rizzo v.

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Dawson, 778 F.2d 527, 529 (9th Cir. 1985); Franklin v. Murphy, 745 F.2d 1221, 1228 (9th Cir.

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1984).

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Here, the Court must deny Plaintiff’s application because Plaintiff appears to be legally

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barred. Plaintiff already brought a suit, later dismissed, arising under these facts. Under res

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judicata, “a final judgment on the merits of an action precludes the parties or their privies from

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relitigating issues that were or could have been raised in that action.” Allen v. McCurry, 449

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U.S. 90, 94 (1980). The claim is thus barred.

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III.

ORDER

For the reasons stated above, the Court DENIES the application to proceed in forma

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pauperis [Dkt. #1] and the application to appoint counsel [Dkt. #2]. Plaintiff has 15 days to pay

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the filing fees or the case may be dismissed.

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Dated this 11th day of January 2013.

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A
Ronald B. Leighton
United States District Judge

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Order - 2