Zimmerman

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 COREY WAYNE ZIMMERMAN, Case No.: 19cv1318-LL

Plaintiff,

ORDER GRANTING MOTION TO

v. PROCEED IN FORMA PAUPERIS,

AND DISMISSING PLAINTIFF’S

ANDREW SAUL,

FIRST AMENDED COMPLAINT

Defendant. WITHOUT PREJUDICE

16 [ECF No. 3]

18 Currently before the Court is Plaintiff’s second motion for leave to proceed in forma 19 pauperis [ECF No. 8] and Plaintiff’s First Amended Complaint [ECF No. 7]. For the 20 reasons set forth below, the Court GRANTS Plaintiff’s second motion for IFP status and 21 DISMISSES Plaintiff’s First Amended Complaint WITHOUT PREJUDICE.

I. MOTION TO PROCEED IFP

23 In Plaintiff’s second motion for IFP status, Plaintiff clarifies he makes between 24 $100-$660 a month driving for UBER. ECF No. 8 at 1-2. Plaintiff further clarifies his 25 family (including his spouse and one dependent child) have monthly expenses totaling 26 $3,976.00, which exceeds his family’s monthly income (Plaintiff’s spouse earns on average 27…