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Tina Pedrizzetti Bertuccio, Plaintiff v. San Benito County

May 15, 2013

TINA PEDRIZZETTI BERTUCCIO, PLAINTIFF,
v.
SAN BENITO COUNTY; SANTA CLARA COUNTY; STATE OF CALIFORNIA; SOCIAL SECURITY ADMINISTRATION; U.S. GOVERNMENT,
DEFENDANTS.



The opinion of the court was delivered by: Lucy H. Koh United States District Judge

ORDER DISMISSING ACTION WITH LEAVE TO AMEND

United States District Court For the Northern District of California

On March 25, 2013, Plaintiff Bertuccio filed a Complaint naming as Defendants "San Benito Cty et al and/or Santa Clara County et al[;] State of California[;] Social Security 19 Administration[;] U.S. Government." ECF No. 1. Plaintiff has also filed an Application to Proceed 20 in Forma Pauperis ("IFP Application"), ECF No. 3, as well as the following ex parte motions:

"Motion for Summary Judgment, Emergency Motion to Shorten Time, Motion for Reassignment to 22 a United States District Judge," ECF No. 4; "Motion for Emergency Relief and Judgment; Motion 23 to Waive Any Filing Problems," ECF No 5; "Motion to Shorten Time for Government to 24

Administratively Adjudicate the Claim[;] Motion to Waive the Time the Plaintiff Tina Bertuccio 25

Has To Wait To File Civil Suit," ECF No. 6; "Request for Emergency Orders Ex Parte and 26

Summary Judgment Req. for Our Legal Identifying Docs[;] Req. for Specific Gov. Code if 27 denied[;] Jud. Review Request for Judge to Enforce the Legal Documents," ECF No. 9. The Court 28

first DENIES Plaintiff's IFP Application and DISMISSES the Complaint with leave to amend, and 2 then DENIES as moot Plaintiff's pending ex parte motions. 3

5 suit without prepayment of the filing fee required by the clerk of the court if the plaintiff submits 6 an affidavit of poverty showing that he or she is "unable to pay such fees or give security therefor." 7

Court may deny leave to proceed in forma pauperis and dismiss the complaint if it determines at 9 the outset "from the face of the proposed complaint that the action is frivolous or without merit," or 10 the action fails to state a claim on which relief may be granted. Tripati v. First Nat'l Bank & Trust,

A. In Forma Pauperis Application

Under the federal in forma pauperis statute, a court may authorize the commencement of a

28 U.S.C. § 1915(a). However, even if the plaintiff makes an adequate showing of poverty, the 8

821 F.2d 1368, 1370 (9th Cir. 1987); Minetti v. Port of Seattle, 152 F.3d 1113, 1115 (9th Cir.1998); see also 28 U.S.C. § 1915(e); Calhoun v. Stahl, 245 F.3d 845, 845 (9th Cir. 2001) (per 13 curiam) ("[T]he provisions of 28 U.S.C. § 1915(e)(2)(B) are not limited to prisoners."). 14

"embraces not only the inarguable legal conclusion, but also the fanciful factual allegation." 17

Neitzke, 490 U.S. at 325. In order to state a claim on which relief may be granted, a plaintiff must 18 plead "factual content that allows the court to draw the reasonable inference that the defendant is 19 liable for the misconduct ...


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