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07cv0084
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
JOSEPH GOTELL,
Plaintiff,
CASE NO. 07cv0084-LAB (JMA)
ORDER GRANTING MOTION TO
PROCEED IN FORMA PAUPERIS
AND DISMISSING COMPLAINT
WITHOUT PREJUDICE FOR
FAILURE TO STATE A CLAIM
UPON WHICH RELIEF CAN BE
GRANTED
vs.
KIMMI RIDGEWAY, Deputy Clerk, et al.,
Defendants.
Plaintiff Joseph Gotell ("Gotell”), a non-prisoner proceeding pro se with a 42 U.S.C.
§ 1983 ("Section 1983") Complaint, moves for leave to pursue this action in forma pauperis
(“IFP”). He alleges obstruction of justice and denial of due process in violation of the Civil
Rights Act of 1964 by the only named defendant, an employee of the United States District
Court Clerk’s Office in this district, for certain alleged conduct associated with her handling
of communications pertaining to Gotell’s lawsuit Gotell v. Genmar Real Estate, Case No.
05cv0271-JM(WMc), filed February 8, 2005, and for delay in the adjudication of that action,
He seeks damages in the amount of $750,000.00 and injunctive relief "preventing defendant
from doing business in the Federal Court." Compl. 7:3.
All parties commencing any civil action or proceeding in a district court of the United
States (other than a habeas corpus application) must pay a filing fee of $350.00. An action
may proceed without plaintiff’s prepayment of the entire fee only if the plaintiff is granted
leave to proceed IFP pursuant to 28 U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d
Case 3:07-cv-00084-LAB-JMA Document 3 Filed 02/01/2007 Page 1 of 4
Gotell v. Ridgeway
Doc. 3
Dockets.Justia.com
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07cv0084
1176, 1177 (9th Cir. 1999). Gotell represents in a Declaration he has not been employed
since 1988, he has $6.00 in a checking account, he owns no motor vehicle, owns no real
estate, stock or other financial instrument, and owns no other type of valuable asset. Gotell