Strick v. Nisqually Delta River Entrance

Filing 3

ORDER denying 1 Motion for Leave to Proceed in forma pauperis; plaintiff has 30 days to pay the filing fee or file an amended complaint; signed by Judge Ronald B. Leighton.(DN) Modified on 3/29/2016 (DN). (cc to pltf)

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HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ANDREW STRICK,

CASE NO. C16-5229 RBL

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Petitioner,
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ORDER DENYING MOTION TO
PROCEED IFP

v.
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NISQUALLY DELTA RIVER
ENTRANCE,

DKT. #1

Respondent.

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THIS MATTER is before the Court on Petitioner Strick’s Motion to Proceed in Forma
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Pauperis [Dkt. #1]. Strick sues the Nisqually Delta River Entrance, alleging four military police
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officers assaulted him there.
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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 Cir.
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1963), cert. denied 375 U.S. 845 (1963). Moreover, a court should “deny leave to proceed in
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forma pauperis at the outset if it appears from the face of the proposed complaint that the action
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is frivolous or without merit.” Tripati v. First Nat’l Bank & Trust, 821 F.2d 1368, 1369 (9th Cir.
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ORDER DENYING MOTION TO PROCEED IFP 1

1 1987) (citations omitted); see also 28 U.S.C. § 1915(e)(2)(B)(i). An in forma pauperis complaint
2 is frivolous if “it ha[s] no arguable substance in law or fact.” Id. (citing Rizzo v. Dawson, 778
3 F.2d 527, 529 (9th Cir. 1985); see also Franklin v. Murphy, 745 F.2d 1221, 1228 (9th Cir. 1984).
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Strick’s action against the Nisqually River Delta Entrance—a place—is meritless. His

5 Motion to Proceed in Forma Pauperis [Dkt. #1] is DENIED. Strick shall pay the filing fee or
6 submit a proposed amended complaint addressing this deficiency within 30 days, or the case will
7 be dismissed without further notice.
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IT IS SO ORDERED.

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Dated this 29th day of March, 2016.

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A

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Ronald B. Leighton
United States District Judge

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DKT. #1 - 2