Opinion
Civil No. 05-5528 (FSH).
January 9, 2006
OPINION ORDER
This matter having been raised by Plaintiff seeking an application to proceed without prepayment of fees under 28 U.S.C. § 1915; and this Court having granted Plaintiff's application to proceed in forma pauperis pursuant to an Order dated December 13, 2005; and this Court having sua sponte screened the Complaint pursuant to 28 U.S.C. § 1915(e)(2)(B) to determine if it is frivolous or fails to state a claim; and this Court having ordered that Plaintiff may amend his Complaint to state a valid cause of action by December 27, 2005, or the Complaint will be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B); and
it appearing that Plaintiff's Amended Complaint sets forth essentially the same allegations as his prior complaint; and
it appearing that Plaintiff's Amended Complaint is frivolous in that, giving Plaintiff all reasonable inferences, the Amended Complaint raises no federal grounds upon which relief may be granted; IT IS on this 6th day of January 2006,
ORDERED that Plaintiff's Complaint is DISMISSED without prejudice as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B); and it is further
ORDERED that this case is CLOSED.