Valencia Barrera v. San Francisco Police Department

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 ARTURO OSIEL VALENCIA BARRERA, Case No. 23-cv-00467-WHO

Plaintiff,

ORDER ON APPLICATION TO

v. PROCEED IN FORMA PAUPERIS

AND INITIAL REVIEW

SAN FRANCISCO POLICE DEPARTMENT, et al., 8 Defendants.

9 Pro se plaintiff Arturo Osiel Valencia Barrera has filed a complaint, a First Amended 10 Complaint, and an application to proceed in forma pauperis (“IFP”). Dkt. Nos. 1, 2, 5. Having 11 reviewed Barrera’s financial affidavit, he satisfies the economic eligibility requirements of 28 12 U.S.C. § 1915(a) and I GRANT the IFP application. 13 Next, I must examine his First Amended Complaint pursuant to 28 U.S.C. § 1915(e)(2)(B) 14 to ensure that it is not frivolous and states a claim on which relief may be granted. A complaint 15 filed by a plaintiff proceeding in forma pauperis is subject to sua sponte review by the court. See 16 28 U.S.C. § 1915(e)(2). 17 The court “shall dismiss the case” if it determines that the action is frivolous or malicious, 18 fails to state a claim on which relief may be granted, or seeks…