HERSEY BENN, APPELLANT,
v.
BORDEN'S STARLAC DRY MILK PRODUCT ET AL., APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the district court did not abuse its discretion in denying a prisoner leave to file a complaint in forma pauperis when the complaint failed to state a claim.
A state prisoner sought to file a complaint in forma pauperis against a milk product manufacturer, alleging illness from consuming contaminated milk o…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse In Forma Pauperis cases and more on FLexlaw
PER CURIAM:
Hersey Benn, a prisoner of the State of California, appeals from an order of the district court denying leave to file a complaint in forma pauperis pursuant to 28 U.S.C. § 1915(a). According to Benn’s motion, the complaint would name, as defendant, “Borden’s Starlac Dry Milk Product, et al.” Benn seeks damages from the defendant by reason of illness assertedly suffered by him as a result of drinking defendant’s “Star-lac” milk obtained from the prison canteen. Benn alleges that harmful bacteria had been found in this milk product.
An order refusing to grant the privilege of proceeding in forma pauperis in a civil action must be affirmed unless it appears that the discretion vested in the district court by 28 U.S.C. § 1915(a) has been abused. Williams v. Field, 394 F. 2d 329, 332 (9th Cir. 1968).
It appears from Benn’s motion papers that he has not, and cannot, allege facts stating a claim for damages under any head of federal jurisdiction. Accordingly the district court did not abuse its discretion in denying the motion for leave to proceed in forma pauperis.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
West v. Procunier, 452 F.2d 645 (9th Cir. 1971)
Authorities Cited
- Elmo Williams v. Field, 394 F.2d 329 (9th Cir. 1968)