Emert

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

ROBERT EMERT, Case No. 23-cv-01723-BAS-MSB

Plaintiff, ORDER:

(1) DENYING MOTION TO 13 v. PROCEED IN FORMA PAUPERIS (ECF No. 3);

SAN DIEGO SUPERIOR COURT,

(2) TERMINATING AS MOOT

MOTION FOR TEMPORARY

Defendant. RESTRAINING ORDER 16 (ECF No. 2); AND

17 (3) DISMISSING ACTION

WITHOUT PREJUDICE

19 Plaintiff Robert Emert filed this action against the San Diego Superior Court seeking to review and enjoin criminal and family court orders concerning Plaintiff’s relationship with his minor children. (Compl., ECF No. 1.) Plaintiff also filed a request to proceed in forma pauperis (“IFP”)—without paying the filing fee. (ECF No. 3.) For the reasons explained below, Plaintiff’s IFP application is insufficient, and regardless, the Court must dismiss the Complaint. I. MOTION FOR LEAVE TO PROCEED IFP Under 28 U.S.C. § 1915, a litigant who because of indigency is unable to pay proceed without making such payment. The determination of indigency falls…