Melvin

Melvin v. Staples Inc

Good Law
United States District Court, Southern District of CaliforniaJanuary 9, 20233:22-cv-01130California1,879 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ANTONYIO S. MELVIN, Case No.: 22cv1130-LL-WVG

Plaintiff,

ORDER:

v. (1) GRANTING MOTION TO

PROCEED IFP; AND

STAPLES INC., (2) DISMISSING COMPLAINT Defendant. WITHOUT PREJUDICE

16 [ECF Nos. 1, 2] 17 18 Plaintiff Antonyio S. Melvin filed this civil action against Defendant Staples Inc. (“Staples”) on August 1, 2022. ECF No. 1. Plaintiff did not prepay the civil filing fee required by 28 U.S.C. § 1914(a) at the time of filing; instead, he filed a Motion to Proceed In Forma Pauperis (“IFP”) pursuant to 28 U.S.C. § 1915(a). ECF No. 2. Having considered carefully Plaintiff’s Complaint, IFP Motion, and the applicable law, the Court: (1) GRANTS Plaintiff’s Motion to Proceed IFP and (2) DISMISSES the Complaint without prejudice. I. MOTION TO PROCEED IFP “An affidavit in support of an IFP application is sufficient where it alleges that the affiant cannot pay the court costs…

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