Wilson
Wilson v. Wilson
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MICHAEL GEARY WILSON, Case No. 20-cv-01076-JD
Plaintiff,
ORDER RE IFP APPLICATION AND
v. DISMISSING COMPLAINT
JAMI CAROLINE WILSON et al., Re: Dkt. Nos. 1, 4 Defendants.
12 Pro se plaintiff Michael Wilson alleges that his former wife and others associated with her have deprived him of the companionship and affection of his daughter since 2010. The complaint mentions several California Penal Code provisions but states one claim under California Civil Code Section 49, which in pertinent part forbids the “abduction or enticement of a child from a parent, or from a guardian entitled to its custody.” Cal. Civ. Code § 49(a). Wilson has asked to proceed in forma pauperis (“IFP”). Dkt. No. 4. The request is granted, but the complaint is dismissed with leave to amend. IFP requests are evaluated under 28 U.S.C. § 1915, and the first question is whether a plaintiff’s financial status excuses payment of the court’s filing fees. The…