McCray

McCray v. Kelly

Good Law
United States District Court, Northern District of CaliforniaAugust 15, 20223:22-cv-03625California1,106 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JAMILAH-MONIQUE MCCRAY, Case No. 22-cv-03625-DMR

Plaintiff,

ORDER TO SHOW CAUSE

v. Re: Dkt. No. 2 RICHARD KELLY, Defendant.

12 Self-represented Plaintiff Jamila-Monique McCray filed a complaint and application for leave to proceed in forma pauperis (“IFP”) on June 21, 2022. [Docket Nos. 1-2.] The court considers Plaintiff’s complaint and IFP application pursuant to 28 U.S.C. § 1915(a). A court may allow a plaintiff to prosecute an action in federal court without prepayment of fees or security if the plaintiff submits an affidavit showing that he or she is unable to pay such fees or provide such security. See 28 U.S.C. § 1915(a). The court’s grant of Plaintiff’s application to proceed IFP, however, does not mean that she may continue to prosecute the complaint. A court is under a continuing duty to dismiss a case filed without the payment of the filing fee whenever it determines that the action “(i) is frivolous or malicious; (ii) fails to state a…

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