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MERCIER v. O'REILLY

United States District Court, N.D. California


April 9, 2004.

GEORGE MERCIER Plaintiff,
v.
DAVID J O'REILLY, Defendant

The opinion of the court was delivered by: VAUGHN WALKER, District Judge

ORDER

For the reasons stated therein, the court hereby adopts the magistrate judge's recommendation to DENY plaintiff's application for leave to file in forma pauperis (Doc # 3) on the grounds that plaintiff's claim is legally frivolous. See Doc # 4. Plaintiff's complaint is thus DISMISSED. Plaintiff may pay the $150 filing fee and proceed on the present complaint or file a complaint stating nonfrivolous claims but must do so not later than April 30, 2004. In the meantime, the clerk is directed to close the file and terminate any pending motions.

IT IS SO ORDERED.

20040409

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