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Roy v. United States

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


June 29, 2010

KAMAL K. ROY, PLAINTIFF,
v.
UNITED STATES OF AMERICA, ET AL., DEFENDANT.

The opinion of the court was delivered by: Honorable Barry Ted Moskowitz United States District Judge

ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS AND DISMISSING COMPLAINT

Plaintiff has filed a motion to proceed in forma pauperis [Doc. 2]. His Complaint, however, is 165 pages and contains an assortment of handwritten documents, printed documents, and incomprehensible scribbling. The handwriting is largely illegible and, on the whole, the Complaint is nonsensical. Still, it appears from Plaintiff's finances that he is unable to pay the filing fees and therefore qualifies for in forma pauperis ("IFP") status. The Court GRANTS Plaintiff's motion to proceed IFP, but sua sponte DISMISSES without prejudice the Complaint for failure to state a claim.

Plaintiff may file an Amended Complaint within twenty-one days of the filing of this order. The Amended Complaint must contain a short and plain statement of the grounds for relief. It may be handwritten, but it must be legible and must otherwise conform to the applicable procedural rules, including setting forth the allegations in numbered paragraphs.

IT IS SO ORDERED.

20100629

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