Opinion
No. C 03-4925 CRB
November 19, 2003
ORDER
Now before the Court is plaintiff's 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 plaintiff's 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).
Plaintiff's complaint is frivolous and does not state a legal claim. He alleges that "recall is treason" and that a naturalized citizen of the United States of America cannot be sworn in as governor of California. He seeks $500,000.00 and punitive damages. As these allegations do not state a claim for violation of a federal claim, plaintiff's complaint is DISMISSED with prejudice. Plaintiff's request for a writ to the United States Supreme Court is also DISMISSED.
IT IS SO ORDERED.