Opinion
CV 08-5321 RSWL (JCx)
08-15-2011
Margaret Morris, an individual, Plaintiff, v. Kenneth Atchity, et al., Defendants.
ORDER [202]
On July 22, 2011, Plaintiff Margaret Morris filed a Motion and Affidavit for Leave to Appeal In Forma Pauperis with this Court [202]. The Court having reviewed all papers submitted pertaining to this Motion, NOW FINDS AND RULES AS FOLLOWS:
The Court DENIES Plaintiff's Motion and Affidavit for Leave to Appeal In Forma Pauperis.
"[T]he privilege of proceeding in forma pauperis is a matter within the discretion of the trial court and in civil actions for damages should be allowed only in exceptional circumstances." Weller v. Dickson, 314 F.2d 598, 600 (9th Cir. 1963). The Court finds that Plaintiff has failed to establish that "exceptional circumstances" are present here in this Action. As such, the Court finds that Plaintiff has failed to establish that she is entitled to an appeal in forma pauperis in this civil action.
IT IS SO ORDERED.
HONORABLE RONALD S.W. LEW
Senior, U.S. District Court Judge