Opinion
No. C-04-0328 VRW
April 9, 2004
ORDER
For the reasons stated therein, the court hereby adopts the magistrate judge's recommendation to DENY plaintiff's application for leave to file in forma pauperis (Doc # 3) on the grounds that plaintiff's claim is legally frivolous. See Doc # 4. Plaintiff's complaint is thus DISMISSED. Plaintiff may pay the $150 filing fee and proceed on the present complaint or file a complaint stating nonfrivolous claims but must do so not later than April 30, 2004. In the meantime, the clerk is directed to close the file and terminate any pending motions.
IT IS SO ORDERED.