Opinion
No. C 01-0656 CRB
February 15, 2001
ORDER
Now before the Court is plaintiffs application to proceed in forma pauperis ("IFP"). 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 her assets and income are insufficient to enable plaintiff to prosecute the action.
Viewing plaintiffs application in isolation, it appears that she should be allowed to proceed IFP. 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 has filed nine in forma pauperis lawsuits since January 25, 2001. Plaintiff's six-page handwritten "complaint" is incomprehensible and does not state any claim, let alone a legally cognizable claim. The named defendant, identified only as ASCAP, appears to be a performing rights agency. The complaint consists of a series of stream of consciousness statements such as "I will not attempt to contact any other performing Rights Agency!," "National Registration of the Sweepstakes (Audit) IRS," "Home Paid off Federal Gov't," and "Registered to Vote (LA) County — Mayor Rhiorden [sic], (SF) County — Brown."
Plaintiff's complaint does not contain a "short and plain statement of the claim" as required by Federal Rule of Civil Procedure 8(a)(2). For this reason, the Court concludes that plaintiffs complaint fails to state a cognizable claim and must be dismissed. See Lopez v. Smith, 203 F.3d 1122, 1126 (9th Cir. 2000) (section 1915 "requires a district court to dismiss an in forma pauperis complaint that fails to state a claim"). Moreover, given the incomprehensible, ramblings in the complaint, it is also frivolous. For this reason, too, the complaint must be dismissed. Accordingly, this matter is DISMISSED without prejudice.