Emert

DISCUSSION

I. Motion to Proceed IFP

24 Upon reviewing Plaintiff’s affidavit in support of his IFP Motion, the Court 25 finds that Plaintiff has sufficiently shown his inability to pay the filing fee required 26 to prosecute this action. Accordingly, Plaintiff’s IFP Motion is GRANTED.

28 1 II. Failure to State a Claim Although the Court will allow Plaintiff to proceed IFP, Plaintiff’s Complaint fails to state a claim. The Court is under a continuing duty to dismiss an IFP case whenever the Court determines that the action “fails to state a claim on which relief may be granted.” 28 U.S.C. § 1915(e)(2)(B)(ii). “Threadbare recitals of elements of a cause of action, supported by mere conclusory statements, do not suffice.” See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)). Plaintiff claims Ms. Ratekin, a California state Commissioner, violated his Fourteenth Amendment rights to due process and equal protection. However, Plaintiff’s factual allegations are scarce, conclusory, and lack any specificity. He claims Commissioner Ratekin “has committed FRAUD upon the…