Freitas
Freitas v. Wise
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOHN B. FREITAS, Case No. 21-cv-08176-JD
Plaintiff,
ORDER
v. 9 Re: Dkt. Nos. 1, 3, 8, 9, 10 NOEL WISE, et al., Defendants.
12 Pro se plaintiff John Freitas filed a complaint and an application for leave to proceed in forma pauperis (IFP). Dkt. Nos. 1, 3. The IFP application is granted, and the complaint is dismissed with leave to amend. IFP requests are evaluated under 28 U.S.C. § 1915. The first question is whether the plaintiff’s financial status excuses payment of the court’s filing fees. The answer is yes. Freitas states that he is unemployed, and pays monthly expenses of $800 out of a monthly Social Security benefit of $1,000, which is his sole source of income. Dkt. No. 3. Freitas meets the financial qualifications for IFP status. The next question is whether the complaint is sufficient to stand, and the answer is no. The Court may “at any time” dismiss an IFP complaint that fails to state a claim on which relief may be granted. 28…