McDonald v. Employment Security Department

Filing 3

ORDER denying 1 Motion for Leave to Proceed in forma pauperis; 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 4/23/2013 (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. 13-5248-RBL

YVONNE MCDONALD,

(Dkt. #1)

v.
EMPLOYMENT SECURITY DEPARTMENT,
et al.,
Defendants.

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Plaintiff has applied to proceed in forma pauperis in this action arising from the alleged
termination of her employment due to her race. A district court may permit indigent litigants to
proceed in forma pauperis upon completion of a proper affidavit of indigency. See 28 U.S.C. §
1915(a). The court has broad discretion in resolving the application, but “the privilege of
proceeding in forma pauperis in civil actions for damages should be sparingly granted.” Weller
v. Dickson, 314 F.2d 598, 600 (9th Cir. 1963), cert. denied 375 U.S. 845 (1963). Moreover, a
court should “deny leave to proceed in forma pauperis at the outset if it appears from the face of
the proposed complaint that the action is frivolous or without merit.” Tripati v. First Nat’l Bank
& Trust, 821 F.2d 1368, 1369 (9th Cir. 1987) (citations omitted); see also 28 U.S.C. §
1915(e)(2)(B)(i). An in forma pauperis complaint is frivolous if “it ha[s] no arguable substance
in law or fact.” Id. (citing Rizzo v. Dawson, 778 F.2d 527, 529 (9th Cir. 1985); Franklin v.
Murphy, 745 F.2d 1221, 1228 (9th Cir. 1984).

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Order - 1

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The Court does not deny in forma pauperis status lightly, especially where a Plaintiff

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alleges racial discrimination. However, the proposed complaint lacks allegations on which relief

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could be granted.

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For the reasons stated above, the Application to Proceed In Forma Pauperis (Dkt. #1) is

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DENIED. Plaintiff has 15 days from the date of this order to pay the filing fees or the case will

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be dismissed.

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Dated this 23rd day of April 2013.

A
RONALD B. LEIGHTON
UNITED STATES DISTRICT JUDGE

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Order - 2