Martin v. Jakubowski

Northern District of California, cand-4:2015-cv-03119

ORDER DENYING {{2}} MOTION for Leave to Proceed in forma pauperis; DISMISSING ACTION WITH LEAVE TO AMEND, AND VACATING CASE MANAGEMENT CONFERENCE. Signed by Judge Jeffrey S. White on 9/10/15. Modified on 9/10/2015

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 YOHANIA MARTIN, No. C 15-03119 JSW 10 Plaintiff, 11 v. ORDER DENYING APPLICATION TO United States District Court PROCEED IN FORMA PAUPERIS, SUSAN JAKUBOWSKI, For the Northern District of California 12 DISMISSING ACTION WITH LEAVE TO Defendant. AMEND, AND VACATING CASE 13 / MANAGEMENT CONFERENCE 14 15 Now before the Court is the application to proceed in forma pauperis filed by plaintiff 16 Yohania Martin ("Plaintiff"), who is proceeding pro se. Having carefully reviewed Plaintiff's 17 papers and considered her arguments and the relevant legal authority, and good cause appearing, the 18 Court hereby DENIES her application to proceed in forma pauperis and DISMISSES the action with 19 leave to amend. The Court VACATES the case management conference set for October 9, 201 at 20 11:00 a.m. The case management conference shall be reset by further order, if necessary upon 21 amendment. 22 A district court may deny in forma pauperis status and sua sponte dismiss an action under 23 certain circumstances, including when the underlying complaint sought to be filed is frivolous or 24 when it fails to state a claim upon which relief may be granted. 28 U.S.C. § 1915(e)(2); see also 25 Cato v. United States, 70 F.3d 1103, 1106 (9th Cir. 1995). In contravention of Federal Rule of Civil 26 Procedure 8(a), Plaintiff has failed to file a pleading setting forth the grounds upon which this Court 27 has jurisdiction, "a short and plain statement of the claim showing that the pleader is entitled to 28 relief, . . . and a demand for judgment for the relief the pleader seeks." It is not clear what facts 1 Plaintiff alleges occurred, where the former case was filed or heard, or why she does not have access 2 to the court records through public means. In the absence of such allegations, Plaintiff fails to state 3 a claim. 4 Accordingly, Plaintiff's application to proceed in forma pauperis is HEREBY DENIED and 5 the Complaint is DISMISSED WITH LEAVE TO AMEND. If Plaintiff wishes to pursue this 6 action, she must file an amended complaint setting forth a cognizable legal claim and some specific 7 factual basis to support a claim with federal jurisdiction by October 2, 2015. Plaintiff may file a 8 renewed application to proceed in forma pauperis upon filing an amended complaint. Failure to file 9 timely an amended complaint shall result in dismissal of this action without prejudice. 10 The Court advises Plaintiff that a Handbook for Pro Se Litigants, which contains helpful 11 information about proceeding without an attorney, is available through the Court's website or in the United States District Court For the Northern District of California 12 Clerk's office. The Court also advises Plaintiff that he also may wish to seek assistance from the 13 Legal Help Center. Plaintiff may call the Legal Help Center at (415) 782-8982 or sign up on the 14 15th Floor of the San Francisco Courthouse, Room 2796, or on the 4th Floor of the Oakland 15 Courthouse, Room 470S, for a free appointment with an attorney who may be able to provide basic 16 legal help, but not legal representation. 17 IT IS SO ORDERED. 18 Dated: September 10, 2015 JEFFREY S. WHITE 19 UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 2