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    Banaszynski v. United States Government - Document No. 4

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    ORDER denying application to proceed in forma pauperis and dismissing case. Signed by Judge Maxine M. Chesney on 5/20/2005. (mmclc2, COURT STAFF) (Filed on 5/20/2005) Additional attachment(s) added on 5/23/2005 (tl, COURT STAFF). 3:2005cv02029 California Northern District Court

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    Banaszynski v. United States Government - Document No. 4

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    ORDER denying application to proceed in forma pauperis and dismissing case. Signed by Judge Maxine M. Chesney on 5/20/2005. (mmclc2, COURT STAFF) (Filed on 5/20/2005) Additional attachment(s) added on 5/23/2005 (tl, COURT STAFF). 3:2005cv02029 California Northern District Court

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    ORDER denying application to proceed in forma pauperis and dismissing case. Signed by Judge Maxine M. Chesney on 5/20/2005. (mmclc2, COURT STAFF) (Filed on 5/20/2005) Additional attachment(s) added on 5/23/2005 (tl, COURT STAFF). 3:2005cv02029 California Northern District Court

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    44 views2 pages

    Banaszynski v. United States Government - Document No. 4

    Uploaded by

    Justia.com
    ORDER denying application to proceed in forma pauperis and dismissing case. Signed by Judge Maxine M. Chesney on 5/20/2005. (mmclc2, COURT STAFF) (Filed on 5/20/2005) Additional attachment(s) added on 5/23/2005 (tl, COURT STAFF). 3:2005cv02029 California Northern District Court

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    Banaszynski v. United States Government Doc.

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    Case 3:05-cv-02029-MMC Document 4 Filed 05/20/2005 Page 1 of 2

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    IN THE UNITED STATES DISTRICT COURT
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    9 FOR THE NORTHERN DISTRICT OF CALIFORNIA
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    11 LYNN RICHARD BANASZYNSKI, No. C-05-2029 MMC
    United States District Court

    12 Plaintiff, ORDER DENYING APPLICATION TO


    For the Northern District of California

    PROCEED IN FORMA PAUPERIS;


    13 v. DISMISSING ACTION
    14 UNITED STATES OF AMERICA,
    15 Defendant.
    16 /
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    18 Before the Court is plaintiff’s application to proceed in forma pauperis, filed May 18,
    19 2005, and his complaint against the United States of America for wrongful denial of
    20 veteran’s benefits. Pursuant to 28 U.S.C. § 1915(e)(2), the Court must dismiss any
    21 complaint filed by a person seeking to proceed in forma pauperis if the complaint fails to
    22 state a claim. This Court lacks jurisdiction over plaintiff’s claims, as such claims may be
    23 brought only pursuant to “the comprehensive, remedial structure” of the Veterans Judicial
    24 Review Act of 1988 (“VJRA”). See Hicks v. Small, 69 F.3d 967, 969-70 (9th Cir. 1995); see
    25 also Hicks v. Small, 842 F. Supp. 407, 410 (D. Nev. 1993). The VJRA requires an
    26 aggrieved veteran to pursue, first with the Department of Veterans Affairs and then with the
    27 Board of Veterans’ Appeals, all claims relating to the denial of veteran’s benefits. See 38
    28 U.S.C. §§ 511(a), 7104-7105; see also Zuspann v. Brown, 60 F.3d 1156, 1158-59 (5th Cir.

    Dockets.Justia.com
    Case 3:05-cv-02029-MMC Document 4 Filed 05/20/2005 Page 2 of 2

    1 1995) (explaining review procedure under VJRA).


    2 Accordingly, plaintiff’s application to proceed in forma pauperis is hereby DENIED,
    3 and the complaint is hereby DISMISSED without prejudice.
    4 The Clerk shall close the file.
    5 IT IS SO ORDERED.
    6 Dated: May 20, 2005 MAXINE M. CHESNEY
    United States District Judge
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