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Grace L. Sandoval v. Brasil-Delgado

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


April 20, 2011

GRACE L. SANDOVAL,
PLAINTIFF,
v.
BRASIL-DELGADO,
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; DENYING REQUEST FOR APPOINTMENT OF COUNSEL AS COMPLAINT MOOT; AND DISMISSING

Plaintiff Grace L. Sandoval, proceeding pro se, has filed a Complaint, along with a Motion to Proceed in Forma Pauperis ("IFP"), and a Request for Appointment of Counsel. Based on the information provided by Plaintiff, pursuant to 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. Franklin v. Murphy, 745 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.

20110420

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