Fox v. Kovacs ( 2024 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 MARCELLA FOX, Case No. 2:24-cv-00047-CDS-NJK 8 Plaintiff(s), ORDER 9 v. [Docket No. 1] 10 RYAN KOVACS, et al., 11 Defendant(s). 12 Pending before the Court is Plaintiff’s application to proceed in forma pauperis. Docket 13 No. 1. Plaintiff has shown an inability to prepay fees and costs or give security for them. 14 Accordingly, the application to proceed in forma pauperis (Docket No. 1) is GRANTED pursuant 15 to 28 U.S.C. § 1915(a). Plaintiff is not required to pay the filing fee. Plaintiff is permitted to 16 maintain this action to conclusion without the necessity of prepayment of any additional fees or 17 costs or the giving of a security therefor. This order granting leave to proceed in forma pauperis 18 does not extend to the issuance and/or service of subpoenas at government expense. The Clerk’s 19 Office is further INSTRUCTED to file the complaint (Docket No. 1-1) on the docket. 20 Upon granting an application to proceed in forma pauperis, the Court generally screens the 21 complaint pursuant to 28 U.S.C. § 1915(e). The purpose of this screening process is to protect 22 defendants from bearing the expense of responding to frivolous or malicious suits. See, e.g., 23 Nordstrom v. Ryan, 762 F.3d 903, 907 n.1 (9th Cir. 2014). In this case, however, Defendant 24 Hopelink of Southern Nevada has filed an answer, Docket No. 6, Defendants Le Croque-Mitaine, 25 Orange Realty, and Ryan Kovacs have filed a motion to dismiss, Docket No. 12, and Defendant 26 Casa Vegas Adult Condominiums Association has reached a settlement with Plaintiff, see Docket 27 No. 11. Given those circumstances, screening the complaint in this case would serve no purpose 28 because the defendants have already appeared. Cf. Johnson v. Barrett, 2020 WL 6330016, at *4 1} (D. Nev. Aug. 31, 2020) (“when defendants file a responsive pleading, such as a motion to dismiss, 2|| the need for screening is obviated”). Accordingly, the Court will not screen the complaint in this 3}| case. 4 IT IS SO ORDERED. 5 Dated: April 11, 2024 6 7, A = - Nancy JKoppe 7 United States Magistrate Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28