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Sandoval v. Bobal

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


July 7, 2010

GRACE L. SANDOVAL, PLAINTIFF,
v.
JAMILLAH BOBAL, 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; [Doc. 2] DENYING AS MOOT REQUEST FOR APPOINTMENT OF COUNSEL; [Doc. 3] DISMISSING COMPLAINT WITHOUT PREJUDICE

Plaintiff Grace L. Sandoval, proceeding pro se, has filed a complaint [Doc. 1], along with a Motion to Proceed in Forma Pauperis ("IFP") [Doc. 2] and a Request for Appointment Counsel [Doc. 3]. Based on the information Plaintiffs provides, under 28 U.S.C. § 1915(a), the Court GRANTS Plaintiff's IFP motion. The Court is obligated to review a complaint filed IFP sua sponte and must dismiss the action if it determines that the complaint is frivolous, malicious, or fails to state a claim for relief. See 28 U.S.C. § 1915(e)(2). After careful review, the Court finds that Plaintiff's complaint is frivolous and void of any plausible claims for relief. The Complaint is but one in a series of frivolous complaints filed by Plaintiff. Because "it is absolutely clear that the deficiencies of the complaint could not be cured by amendment," the Court DISMISSES the complaint without prejudice and without leave to amend. Franklin v. Murphy, 245 F.2d 1221, 1228 n.9 (9th Cir. 1984). As such, the Court DENIES AS MOOT Plaintiff's Request for Appointment of Counsel.

IT IS SO ORDERED.

20100707

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