Padin
Padin v. J.P.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARGARET DEPASS PADIN, Case No. 20-cv-03802-JD
Plaintiff,
ORDER RE IFP APPLICATION AND
v. DISMISSING COMPLAINT
J. P. et al., Re: Dkt. Nos. 1, 2 Defendants.
Pro se plaintiff Margaret Padin alleges in an “emergency petition” that her former husband absconded with their son from New York to California in mid-2015, and has prevented her from having any contact with him. Dkt. No. 1 ¶¶ 15, 25. The complaint names both her son, J.P., and his father, Mark Padin, as defendants. Padin seeks termination of the father’s parental rights and petitions the Court for a writ of habeas corpus ordering J.P. be released into her care. Id. at 16-17. Padin has asked to proceed in forma pauperis (“IFP”). Dkt. No. 2. 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 the plaintiff’s financial status excuses payment of the…