Opinion
No. C 03-05541 SI
December 18, 2003
ORDER PURSUANT TO 28 U.S.C. § 1915(e)(2)(B)(ii) DISMISSING ACTION AND DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS
On December 10, 2003, plaintiff Gil Francis filed a Petition for Writ of Mandamus. Plaintiff has filed unintelligible papers. Also on December 10, 2003, plaintiff filed an application to proceed in forma pauperis.
In ruling on plaintiff's IFP application, the Court must review plaintiff's complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) to ensure that cognizable claims are stated against the defendants. If the Court determines that plaintiff has failed to state a claim, it must dismiss the action. See Cato v. United States, 70 F.3d 1103, 1106 (9th Cir. 1995) (noting that a court may dismiss an action under Sec. 1915 if the "complaint neither identifies any constitutional or statutory right that was violated nor asserts any basis for federal subject matter jurisdiction.").
The Court has analyzed plaintiffs petition and has determined that plaintiff has failed to state a cognizable claim. Therefore, the Court hereby DISMISSES the action and DENIES plaintiffs application to proceed in forma pauper is. The Clerk shall close the file.