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17-369 - Brown v. Apple Inc. et al

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17-369 - Brown v. Apple Inc. et al
April 11, 2017
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MEMORANDUM & ORDER [DISMISSING CASE AS FRIVOLOUS]: The Court grants Plaintiff's 2 application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 solely for the purpose of this Memorandum and Order. While the Court would ordinarily allow Plaintiff an opportunity to amend his pleading, it need not afford that opportunity where, as here, it is clear from the face of the Complaint that the claims are frivolous. Accordingly, pursuant to Rule 12(h)(3) of the Federal Rule of Civil Procedure and 28 U.S.C. § 1915(e)(2)(B)(i), the Court dismisses the Complaint because it lacks subject matter jurisdiction and is frivolous. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. SO ORDERED by Judge Margo K. Brodie, on 4/11/2017. C/mailed. (Forwarded for Judgment.) (Latka-Mucha, Wieslawa)