Wright v. U.S. Department of Homeland Security et al

Northern District of California, cand-4:2015-cv-03204

ORDER DENYING {{4}} MOTION for Leave to Proceed in forma pauperis ; AND DISMISSING COMPLAINT. Signed by Judge JEFFREY S. WHITE on 7/30/15.

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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 FRANKLIN H. WRIGHT, No. C 15-03204 JSW 10 Plaintiff, ORDER DENYING PLAINTIFF'S 11 v. APPLICATION TO PROCEED IN United States District Court FORMA PAUPERIS AND DISMISSING U.S. DEPARTMENT OF HOMELAND For the Northern District of California 12 COMPLAINT SECURITY, 13 Defendant. 14 / 15 16 Now before the Court is the application for a temporary restraining order ("TRO") and 17 application to proceed in forma pauperis filed by plaintiff Franklin H. Wright ("Plaintiff"), who is 18 proceeding pro se. Having carefully reviewed Plaintiff's papers and considered her arguments and 19 the relevant legal authority, and good cause appearing, the Court hereby DENIES Plaintiff's 20 application for a TRO, DENIES her application to proceed in forma pauperis and DISMISSES the 21 action with leave to amend. 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 who Plaintiff is 1 seeking to sue or what facts Plaintiff alleges occurred. In the absence of such allegations, Plaintiff 2 fails to state a claim. 3 Accordingly, Plaintiff's application to proceed in forma pauperis is HEREBY DENIED and 4 the Complaint is DISMISSED WITH LEAVE TO AMEND. If Plaintiff wishes to pursue this 5 action, he must file an amended complaint setting forth a cognizable legal claim and some factual 6 basis to support a claim with federal jurisdiction by August 28, 2015. Plaintiff may file a renewed 7 application to proceed in forma pauperis upon filing an amended complaint. Failure to file timely 8 an amended complaint shall result in dismissal of this action without prejudice. 9 The Court advises Plaintiff that a Handbook for Pro Se Litigants, which contains helpful 10 information about proceeding without an attorney, is available through the Court's website or in the 11 Clerk's office. The Court also advises Plaintiff that he also may wish to seek assistance from the United States District Court For the Northern District of California 12 Legal Help Center. Plaintiff may call the Legal Help Center at 415-782-8982 or sign up on the 15th 13 Floor of the San Francisco Courthouse, Room 2796, or on the 4th Floor of the Oakland Courthouse, 14 Room 470S, for a free appointment with an attorney who may be able to provide basic legal help, 15 but not legal representation. 16 IT IS SO ORDERED. 17 18 Dated: July 30, 2015 JEFFREY S. WHITE 19 UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 2