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United States District CourtFor the Northern District of CaliforniaIN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
KIA CHEVALIER,
Plaintiff,
v.
SUTTER HOTEL,
Defendant.
/
No. C-07-0401 MMC
ORDER DENYING APPLICATION TO
PROCEED IN FORMA PAUPERIS WITH
LEAVE TO AMEND; DISMISSING
COMPLAINT WITH LEAVE TO AMEND
Before the Court is plaintiff Kia Chevalier’s application to proceed in forma pauperis
in the above-titled action. Plaintiff’s application is incomplete. In particular, plaintiff fails to
provide the amount of social security disability benefits she receives monthly, the total
amounts owed on her MasterCard and Visa accounts and her student loans, and the
monthly payments owed on such debts. Consequently, the Court cannot determine
whether plaintiff is able to pay the requisite filing fee.
Moreover, even if plaintiff had filed an adequate application to proceed in forma
pauperis, her complaint fails to state a claim because she alleges no facts suggesting that
this Court has jurisdiction over her complaint or that defendant violated any law. See
28 U.S.C. § 1915(e)(2) (requiring court to dismiss action if plaintiff seeking to proceed in
forma pauperis “fails to state a claim on which relief may be granted”); Fed. R. Civ. P. 8(a)
(requiring complaint to include “short and plain statement of the grounds upon which the
Case 3:07-cv-00401-MMC Document 4 Filed 01/24/2007 Page 1 of 2
Chevalier v. Sutter Hotel
Doc. 4
Dockets.Justia.com
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2
court’s jurisdiction depends” and “short and plain statement of the claim showing that the
pleader is entitled to relief”).
Accordingly, plaintiff’s motion to proceed in forma pauperis is hereby DENIED and
the complaint is hereby DISMISSED. No later than February 23, 2007, plaintiff may file an
amended application to proc