Coxon

I. DISCUSSION

18 A court may allow a plaintiff to prosecute an action in federal court without prepayment of 19 fees or security if the plaintiff submits an affidavit showing that he or she is unable to pay such 20 fees or provide such security. See 28 U.S.C. § 1915(a). Having evaluated Plaintiff’s financial 21 affidavit, the court finds that he has satisfied the economic eligibility requirement of 28 U.S.C. § 22 1915(a) and grants the application to proceed IFP. 23 A court is under a continuing duty, however, to dismiss a case filed without the payment of 24 the filing fee whenever it determines that the action “(i) is frivolous or malicious; (ii) fails to state 25 a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is 26 immune from such relief.” 28 U.S.C. § 1915(e)(2)(B)(i)-(iii). If the court dismisses a case 27 pursuant to 28 U.S.C. § 1915(e)(2)(B), the plaintiff may still file the same complaint by paying the filing fee. This is because the court’s section 1915(e)(2)(B) dismissal is not on the merits, but rather an exercise of the court’s discretion under the IFP statute. Denton v. Hernandez, 504 U.S. 25, 32…