Opinion
No. 4:15CV348 SPM
03-02-2015
CALVIN BURKE, Plaintiff, v. KEEFE COMMISSARY NETWORK SALES, Defendant.
MEMORANDUM AND ORDER
Plaintiff, a prisoner seeking leave to proceed in forma pauperis, brings this qui tam action under the False Claims Act against Keefe Commissary Network Sales for alleged tax fraud. Having reviewed plaintiff's financial information, the Court assesses a partial initial filing fee of $12.00, which is twenty percent of his average monthly balance. See 28 U.S.C. § 1915(b).
Under 28 U.S.C. § 1915(e), the Court is required to dismiss a complaint filed in forma pauperis if it is frivolous, malicious, or fails to state a claim upon which relief can be granted. This action must be dismissed because a pro se party cannot bring a qui tam action on behalf of the United States. E.g., Stoner v. Santa Clara County Office of Educ., 502 F.3d 1116, 1126-27 (9th Cir. 2007).
Accordingly,
IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [ECF No. 2] is granted.
IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $12.00 within thirty (30) days of the date of this Order. Plaintiff is instructed to make his remittance payable to "Clerk, United States District Court," and to include upon it: (1) his name; (2) his prison registration number; (3) the case number; and (4) that the remittance is for an original proceeding.
IT IS FURTHER ORDERED that plaintiff's motion for pleadings and documents to be filed under seal [ECF No. 4] is denied.
Dated this 2nd day of March, 2015.
/s/_________
CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE