Opinion
No. C 03-4899 CRB
November 6, 2003
ORDER
Now before the Court is plaintiffs application to proceed in forma pauperis ("IFF"). 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 not submitted the required documentation. While he attests that his total monthly income is $860.00, he does not provide the Court with other information, such as monthly expenses, amount of money in bank accounts, and the value of other assets he may own.
Even if plaintiff had submitted the required documentation, however, the Court would not grant his application. A court is under a continuing duty to dismiss an in forma pauperis 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).
Plaintiffs complaint alleges that on October 29, 2003 he entered the Tenderloin branch of defendant Northeast Community Federal Credit Union. He approached the "administrative" section of the Credit Union to inquire about direct deposit and a Budget Blueprint. A female Credit Union employee stepped in front of plaintiff and stated "You get out of this area!" She again "loudly commanded:" "You get out of this area. Over there. You hear." When plaintiff started to explain what he was doing, the employee exclaimed: "Don't talk to me that way" and escorted plaintiff to the door. Plaintiff left the Credit Union. He returned to the Credit Union at a later date, apparently without incident.
Less than a week later plaintiff filed this action in federal court. The complaint is entitled: "Civil Rights Complaint pursuant to Title 42/1983, California Constitution Article I, 1789 Judiciary Act and Constitution of the United States." He alleges that as a result of defendant's actions, he "was placed in imminent physical danger without reason and his right to be secure in his person was flagrantly violated without probable cause." Plaintiff seeks 500 million dollars in punitive damages.
These allegations do not state a claim for relief that may be adjudicated in federal court. Plaintiffs constitutional claims and 42 U.S.C. § 1983 claims may be brought only against government defendants. Although defendant Northeast Community Federal Credit Union has the word "federal" in its name, it is not part of the federal government. The Court takes judicial notice that it is a private non — profit, member — owned, federally insured, community development credit union. The fact that it is federally insured does not make it a government entity. In sum, the United States Constitution and section 1983 do not apply to plaintiffs allegations.
For the foregoing reasons, plaintiffs complaint is DISMISSED without leave to amend.
IT IS SO ORDERED,