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Nigel Cini v. Robin Cini-Lyon

January 25, 2012

NIGEL CINI,
PLAINTIFF,
v.
ROBIN CINI-LYON, DEFENDANT.



The opinion of the court was delivered by: Jeremiah C. Lynch United States Magistrate Judge

ORDER, and FINDINGS AND RECOMMENDATIONS

Plaintiff Nigel Cini, appearing pro se in this action, filed a Motion to Proceed In Forma Pauperis. Cini submitted a declaration that makes the showing required by 28 U.S.C. § 1915(a). Because it appears he lacks sufficient funds to prosecute this action, IT IS HEREBY ORDERED that Cini's Motion to Proceed In Forma Pauperis is GRANTED. This action may proceed without prepayment of the filing fee, and the Clerk of Court is directed to file Cini's lodged complaint as of the filing date of his request to proceed in forma pauperis.

The federal statute under which leave to proceed in forma pauperis is permitted - 28 U.S.C. § 1915 - also requires the Court to conduct a preliminary screening of the allegations set forth in the litigant's pleading. The applicable provisions of section 1915(e)(2) state as follows:

(2) Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that--

(A) the allegation of poverty is untrue; or

(B) the action or appeal--

(i) is frivolous or ...


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