Torres

1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 MARIO TORRES, Case No. 19-cv-06865-MMC

8 Plaintiff, ORDER GRANTING PLAINTIFF'S 9 v. APPLICATION TO PROCEED IN

FORMA PAUPERIS; DISMISSING

10 DIANE BECTON, et al., COMPLAINT; AFFORDING LEAVE TO

AMEND

11 Defendants.

12 Before the Court are plaintiff Mario Torres’s complaint and application to proceed 13 in forma pauperis, both filed October 22, 2019. Having read and considered plaintiff’s 14 filings, the Court rules as follows. 15 As it appears from plaintiff’s application that he lacks funds to pay the filing fee, 16 the application to proceed in forma pauperis is hereby GRANTED. 17 Where, as here, a party proceeds in forma pauperis, the district court, pursuant to 18 28 U.S.C. § 1915(e)(2), must dismiss the complaint if the plaintiff “fails to state a claim on 19 which relief may be granted” or the action is “frivolous and malicious.” See 28 U.S.C. § 20 1915(e)(2)(B). The Court thus turns to the question of whether the complaint “state[s] a 21 claim on…