DECISION and ORDER
MYRON L. GORDON, District Judge.
On December 31, 1997, the plaintiff, John Puchner, filed a complaint, an "Emergency Motion for Restraining Order Under FRCP 65" and a petition to proceed in forma pauperis. In order to authorize a litigant to proceed in forma pauperis, the court must make two determinations: first, whether the litigant is unable to pay the costs of commencing the action; and second, whether the action is frivolous or malicious...
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