Olvera v. Figueroa et al
| Ariel Olvera |
| Fred Figueroa and P.A. Ortiz |
| 3:2017cv01703 |
| August 22, 2017 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Barbara Lynn Major |
| Janis L. Sammartino |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
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CLERK'S JUDGMENT. It is hereby ordered and adjudged: The Court:1. Grants Plaintiff's Motion to Proceed IFP pursuant to 28 U.S.C. § 1915(a) ;2. Dismisses this civil action for failing to state a claim pursuant to 28 U.S.C. § 1915( e)(2)(B)(ii) and denies leave to amend as futile. Rosati v. Igbinoso, 791 F.3d 1037, 1039 (9th Cir. 2015) (leave toamend is not required if it is absolutely clear that the deficiencies of the complaint could not be cured by amendment) (internal cit ations omitted); 3. Certifies that an IFP appeal from this Order would be frivolous and therefore, would not be taken in good faith pursuant to 28 U.S.C. § 1915(a) (3). See Coppedge v. United States, 369 U.S. 438, 445 (1962); Gardner v. Pogue, 558 F.2d 548, 550 (9th Cir. 1977) (indigent appellant is permitted to proceed IFP on appeal only if appeal would not be frivolous); and 4. DIRECTS the Clerk of Court to close the file.(All non-registered users served via U.S. Mail Service)(mpl)(jrd)
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