Freitas

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOHN B. FREITAS, Case No. 21-cv-08681-JST

Plaintiff,

ORDER GRANTING APPLICATION

v. TO PROCEED IN FORMA PAUPERIS

AND DISMISSING CASE

PATRICK R. MCKINNEY, et al., Re: ECF No. 5 Defendants.

12 Before the Court is Plaintiff John B. Freitas’s application to proceed in forma pauperis. ECF No. 5. A court may authorize a plaintiff to prosecute an action in federal court without prepayment of fees or security if the plaintiff submits an affidavit showing that they are unable to pay such fees. 28 U.S.C. § 1915(a). Freitas has submitted the required documentation, and it is evident from his application that his assets and income are insufficient to enable him to pay the filing fees. Accordingly, Freitas’s motion to proceed in forma pauperis is GRANTED. However, a court is under a continuing duty to dismiss a case whenever it determines that the action “(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted;…