Toussaint
Toussaint v. Benhoelfer
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 FRITTZ GERALD TOUSSAINT, Case No.: 3:22-cv-00634-WQH-AGS
Plaintiff,
ORDER
v. LINDA BENHOELFER, Defendant. HAYES, Judge: The matter before the Court is the Motion for Leave to Proceed In Forma Pauperis (ECF No. 4) filed by Plaintiff Fritz Gerald Toussaint. I. PROCEDURAL BACKGROUND On March 4, 2022, Plaintiff initiated this action by filing a Complaint against Defendant Linda Benhoelfer in the Eastern District of New York. (ECF No. 1). On April 26, 2022, Plaintiff filed the Motion for Leave to Proceed In Forma Pauperis. (ECF No. 4). On May 6, 2022, the case was transferred to this Court. (ECF No. 5). II. MOTION FOR LEAVE TO PROCEED IFP All parties instituting a civil action in a district court of the United States, other than a petition for writ of habeas corpus, must pay a filing fee of $400.00. See 28 U.S.C. § 1914(a); CivLR 4.5. An action may proceed despite a party’s failure to pay only if the party 28 …