Opinion
CASE NO. C16-5115 RBL
02-23-2016
WAYNE H NORMAN, Plaintiff, v. PAPA MURPHY'S INTERNATIONAL, INC., Defendant.
ORDER GRANTING APPLICATION TO PROCEED IFP DKT. #1
THIS MATTER is before the Court on Plaintiff Wayne Norman's Motion for Leave to Proceed in forma pauperis [Dkt. #1].
A district court may permit indigent litigants to proceed in forma pauperis upon completion of a proper affidavit of indigency. See 28 U.S.C. § 1915(a). A court has broad discretion in resolving the application, but "the privilege of proceeding in forma pauperis in civil actions for damages should be sparingly granted." Weller v. Dickson, 314 F.2d 598, 600 (9th Cir. 1963), cert. denied 375 U.S. 845 (1963). Moreover, a court should "deny leave to proceed in forma pauperis at the outset if it appears from the face of the proposed complaint that the action is frivolous or without merit." Tripati v. First Nat'l Bank & Trust, 821 F.2d 1368, 1369 (9th Cir. 1987) (citations omitted); see also 28 U.S.C. § 1915(e)(2)(B)(i). An in forma pauperis complaint is frivolous if "it ha[s] no arguable substance in law or fact." Id. (citing Rizzo v. Dawson, 778 F.2d 527, 529 (9th Cir. 1985); see also Franklin v. Murphy, 745 F.2d 1221, 1228 (9th Cir. 1984).
First, Norman has been unemployed for almost one year. He has since received $678.00 for disability, unemployment, workers compensation, or public assistance. He avers that he has no savings, property, or cash on hand. He has made a sufficient showing of indigency. Second, Norman sues Papa Murphy's for texting him without disclosing that it was using autodialer technology in violation of the Telephone Consumer Protection Act. He seeks actual and statutory damages. His case has merit. Accordingly, his Motion to Proceed in forma pauperis [Dkt. #1] is GRANTED.
IT IS SO ORDERED.
Dated this 23rd day of February, 2016.
/s/_________
Ronald B. Leighton
United States District Judge