Gholibeigian v. Rubio

Summary

The United States District Court for the Northern District of California grants Parvin Gholibeigian’s amended application to proceed in forma pauperis. The court screens her mandamus complaint concerning the adjudication of her husband’s immigration visa application, finds at least one cognizable claim, and orders issuance and service of the summons and complaint.

Holdings

1. Plaintiff's amended application to proceed in forma pauperis was granted because the Court was persuaded that she could not afford the case filing fee.
2. The complaint satisfied 28 U.S.C. § 1915 because it stated at least one cognizable claim on its face and was not otherwise frivolous, malicious, seeking monetary relief from an immune defendant, or subject to dismissal under § 1915(e)(2)(B).

Questions Presented

1. Whether Plaintiff qualified to proceed in forma pauperis based on her inability to pay the filing fee.
2. Whether the complaint satisfied the screening requirements of 28 U.S.C. § 1915(e)(2).

Disposition

other