Emert

Emert v. Schuck

Good Law
United States District Court, Southern District of CaliforniaAugust 21, 20243:24-cv-00002California2,468 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA R obert EMERT, Case No.: 24-cv-0002-AGS-AHG

Plaintiff,

ORDER GRANTING IFP MOTION

v. (ECF 7), DISMISSING COMPLAINT

WITHOUT LEAVE TO AMEND,

Andrea SCHUCK, et al.,

AND CLOSING CASE

Defendants.

Plaintiff Robert Emert, suing for alleged civil-rights violations under 42 U.S.C. § 1983, moves to proceed in forma pauperis. For the reasons below, that motion is granted, but his complaint is dismissed without leave to amend. IFP MOTION Typically, parties instituting a civil action in a United States district court must pay filing fees of $405.1 See 28 U.S.C. § 1914(a). But if granted the right to proceed in forma pauperis, a plaintiff need not pay those fees. Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). Emert owns only one asset—a non-operational vehicle he values at $2,500. (ECF 7, at 2.) He has no money in his bank accounts, has no income, is “over $50k in debt,”…

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