Opinion
No. CIV S-11-1328 JAM EFB PS.
May 26, 2011
ORDER
Plaintiff has requested authority under 28 U.S.C. § 1915 to proceed in forma pauperis, and has submitted an affidavit purporting to demonstrate that he is unable to prepay fees and costs or give security for them. Dckt. No. 2. However, a review of the affidavit reveals that it has not been signed or dated. Accordingly, plaintiff is directed to file, within fourteen days of this order, a further affidavit which is dated and signed under penalty of perjury. The court will then resume consideration of plaintiff's application to proceed in forma pauperis.
Further, it is unclear from plaintiff's complaint what relief plaintiff seeks or whether plaintiff is alleging a cognizable claim. In fact, plaintiff's complaint is incomprehensible. Pursuant to 28 U.S.C. § 1915(e)(2), the court is directed to dismiss the case at any time if it determines that the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against an immune defendant. Nonetheless, the court defers ruling on these issues until after plaintiff's in forma pauperis status is determined.
SO ORDERED.