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John Cobb v. Bonnie Dumanis

August 9, 2011

JOHN COBB,
PLAINTIFF,
v.
BONNIE DUMANIS, COUNTY OF SAN DIEGO DISTRICT AND ATTORNEY'S OFFICE, DOES 1 THROUGH 100,
DEFENDANTS.



The opinion of the court was delivered by: John A. Houston United States District Judge

ORDER: (1) GRANTING MOTION TO SAUL BRIGNONI, ) PROCEED IN FORMA PAUPERIS SGT. HARTMAN, ) [DOC. NO. 2] (2) DISMISSING ACTION SUA SPONTE FOR FAILING TO STATE) A CLAIM UPON WHICH RELIEF MAY BE GRANTED PURSUANT ) TO 28 U.S.C. §§ 1915(e)(2)(b)(ii) & 1915A(b)(1)

INTRODUCTION

On October 7, 2010, Plaintiff, a non-prisoner appearing pro se, filed a complaint pursuant to 42 U.S.C. §§ 1983 and 1985, alleging Defendants violated his constitutional rights. Plaintiff concurrently filed a motion to proceed in forma pauperis. Doc. No. 2.

DISCUSSION

A. MOTION TO PROCEED IFP

1. Legal Standard

All parties instituting any civil action, suit or proceeding in a district court of the United States, except an application for writ of habeas corpus, must pay a filing fee of $350. See 28 U.S.C. § 1914(a). An action may proceed despite a party's failure to pay only if the party is granted leave to proceed in forma pauperis ("IFP") pursuant to 28 U.S.C. § 1915(a). SeeAndrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007); Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999).

2. Analysis

The Court finds that Plaintiff has submitted an affidavit which complies with 28 U.S.C. § 1915(a)(1). Doc. No. 2.

Plaintiff is currently unemployed and receives limited financial assistance from his father. He maintains that he owns a 1985 Buick and a house inherited from his mother, which Plaintiff believes is valued at $480,000 to $500,000. His father pays his property taxes, assessments and insurance. Plaintiff submits that he has received $4,633.70 in the past twelve months: $4,358.70 from his father, $130 from his bank for opening a new account and paying three online bills, and $140 for serving as a poll worker. Additionally, Plaintiff submits he has two bank accounts amounting to $20.96 available in cash. Based upon the information provided, this Court finds Plaintiff ...


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