Opinion
3:21-CV-5867-RSL
12-13-2021
DARREN LEE SMITH, Plaintiff, v. CAPITAL ONE BANK (USA), Defendant.
ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND RECOMMENDING REVIEW
DAVID W. CHRISTEL, UNITED STATES MAGISTRATE JUDGE
Because Plaintiff does not appear to have funds available to afford the $400 filing fee, Plaintiff financially qualifies for in forma pauperis (IFP) status pursuant to 28 U.S.C. § 1915(a)(1). Therefore, Plaintiff's IFP application (Dkt. 4) is GRANTED. However, based on the allegations in the proposed complaint and Plaintiff's previous dismissal of this same claim without prejudice, it is unclear if Plaintiff has adequately stated a claim. See No. 3:21-CV-5151-RSL. Therefore, the undersigned recommends review under 28 U.S.C. § 1915(e)(2)(B).
The Clerk of the Court is directed to send a copy of this Order to Plaintiff and to the District Judge assigned to this case.