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Ogundimo v. Steadfast Property & Development

March 11, 2009

CARLOTTA OGUNDIMO, ET AL., PLAINTIFFS,
v.
STEADFAST PROPERTY & DEVELOPMENT, INC., ET AL., DEFENDANTS.



The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER GRANTING PLAINTIFF'S APPLICATION TO PROCEED IN FORMA PAUPERIS

(DOCS. 3, 7)

ORDER SCREENING THE COMPLAINT AND DETERMINING THAT PLAINTIFFS HAVE STATED A CLAIM AGAINST DEFENDANTS DIRECTIONS TO THE CLERK TO SEND SERVICE DOCUMENTS TO PLAINTIFF CARLOTTA OGUNDIMO AND, UPON RETURN OF THE DOCUMENTS TO THE CLERK, TO FORWARD THEM AND A COPY OF THIS ORDER TO THE MARSHAL FOR SERVICE DIRECTIONS TO PLAINTIFF CARLOTTA OGUNDIMO TO COMPLETE AND RETURN SERVICE DOCUMENTS TO THE CLERK WITHIN THIRTY DAYS DIRECTIONS TO THE MARSHAL TO EFFECT SERVICE UPON RECEIPT OF SERVICE DOCUMENTS

Plaintiff Carlotta Ogundimo and her minor children are proceeding pro se with an action for damages and other relief concerning alleged civil rights violations. The matter has been referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b) and Local Rules 72-302 and 72-304.

I. Application to Proceed in Forma Pauperis

Plaintiff filed a motion to proceed in forma pauperis on February 5, 2009; on February 24, 2009, after the Court directed Plaintiff to file a completed application, Plaintiff filed another motion to proceed in forma pauperis.

Plaintiff has submitted a declaration that makes the showing required by § 1915(a). Accordingly, the request to proceed in forma pauperis IS GRANTED. 28 U.S.C. § 1915(a).

II. Screening the Complaint

A. Legal Standards

In cases wherein the plaintiff is proceeding in forma pauperis, the Court is required to screen cases and shall dismiss the case at any time if the Court determines that the allegation of poverty is untrue, or the action or appeal is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. 28 U.S.C. 1915(e)(2).

Fed. R. Civ. P. 8(a) provides:

A pleading that states a claim for relief must contain:

(1) a short and plain statement of the grounds for the court's jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support;

(2) a short and plain statement of the claim showing that the pleader is entitled to relief; and

(3) a demand for the relief sought, which may include relief in the alternative or ...


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