Opinion
No. C 03-05557 CRB
December 11, 2003
ORDER OF DISMISSAL
Now before the Court is plaintiffs application to proceed in forma pauperis ("IFF"). A court may authorize a plaintiff to prosecute an action in federal court without prepayment of fees or security if the plaintiff submits an affidavit showing that he or she is unable to pay such fees or give security therefor. See 28 U.S.C. § 1915(a). Plaintiff has submitted the required documentation, and it is evident from his application that his assets and income are insufficient to enable plaintiff to prosecute the action.
Viewing plaintiffs application in isolation, it appears that he should be allowed to proceed IFF. A court is under a continuing duty, however, to dismiss a case whenever it determines that the action "(I) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief." 28 U.S.C. § 1915(e)(2)(B)(I)-(iii).
Plaintiffs complaint challenges a December 4, 2003 ticket he received in Hayward for parking in a yellow zone, as well as a jaywalking ticket. He claims that he was properly in the yellow zone and that the jay walking ticket was issued in retaliation for his complaint about the yellow zone ticket.
This federal court does not have jurisdiction of this complaint as it does not raise a ripe federal claim. Plaintiff must first challenge the ticket through the proper administrative proceedings. Accordingly, plaintiffs complaint is dismissed without prejudice.
IT IS SO ORDERED.