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United States District CourtFor the Northern District of CaliforniaIN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
ROBERT L. JACKSON,
Plaintiff,
v.
TONY GEORGE,
Defendant.
/
No. C 06-06154 CRB
ORDER
Now before the Court is Plaintiff Robert L. Jackson’s application to proceed in forma
pauperis (“IFP”). A court may authorize a plaintiff to prosecute an action in federal court
without prepayment of fees or security if the plaintiff submits an affidavit showing that he or
she is unable to pay such fees or give security therefor. See 28 U.S.C. § 1915(a). Plaintiff
has submitted the required documentation, and it is evident from his application that his
assets and income are insufficient to enable Plaintiff to prosecute the action.
Viewing Plaintiff’s application in isolation, it appears that he should be allowed to
proceed IFP. This Court is under a continuing duty, however, to dismiss a case whenever it
determines that the action “(i) is frivolous or malicious; (ii) fails to state a claim on which
relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from
such relief.” 28 U.S.C. § 1915(e)(2)(B).
Plaintiff has filed a complaint and requested a restraining order against Tony George.
He alleges that George has threatened him with a box cutter on account of a dispute over
Case 3:06-cv-06154-CRB Document 4 Filed 10/04/2006 Page 1 of 2
Jackson v. George
Doc. 4
Dockets.Justia.com
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G:\CRBALL\2006\6154\order1.wpd
allegedly unpaid sums of money. Plaintiff does not allege facts sufficient to establish that
this Court has power to hear his case. Therefore, his Complaint “fails to state a claim o