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08-1561 - Barry v. Fredman


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08-1561 - Barry v. Fredman
November 18, 2008
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis 2 is GRANTED. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint, because the complaint is legally frivolous and fails to state a claim upon which relief may be granted. See 28 U.S.C. ยง 1915(e)(2)(B). IT IS FURTHER ORDERED that plaintiff's motion for appointment of counsel 4 is DENIED as moot. An appropriate order shall accompany this memorandum and order.. Signed by Honorable Carol E. Jackson on 11/18/08. (KKS)