Toussaint

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 FRITZ GERALD TOUSSAINT, Case No. 23-cv-0256-BAS-WVG

Plaintiff,

ORDER:

v. (1) GRANTING APPLICATION TO ERNEST J. DRONENBURG

PROCEED IN FORMA

Defendant. PAUPERIS (ECF No. 2)

16 (2) DISMISSING COMPLAINT WITHOUT PR PREJUDICE

18 (3) GRANTING LEAVE TO AMEND

20 Before the Court is Plaintiff Fritz Gerald Toussaint’s Application to Proceed in forma pauperis (“IFP”). (IFP App., ECF No. 2.) While the Court finds Plaintiff qualifies for IFP status and, therefore, GRANTS his Application, it nevertheless concludes Plaintiff cannot proceed with his Complaint as presently alleged because it fails to state a cognizable claim. Therefore, the Court DISMISSES WITHOUT PREJUDICE the Complaint under 28 U.S.C. § 1915(e)(2)(B).

28 I. IFP Application Under 28 U.S.C. § 1915, a litigant who, because of indigency, is unable to pay the required fees or security to commence a legal action may…