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Shawn Ryan Cowan v. State of Montana

August 10, 2012

SHAWN RYAN COWAN,
PLAINTIFF,
v.
STATE OF MONTANA, GOVERNMENT, AND DEPARTMENTS THEREOF, DEFENDANTS.



The opinion of the court was delivered by: Jeremiah C. Lynch United States Magistrate Judge

ORDER, and FINDINGS AND RECOMMENDATION

I. INTRODUCTION

Plaintiff Shawn Cowan, proceeding pro se, has filed a Motion to Proceed In Forma Pauperis. Cowan submitted a declaration that makes the showing required by 28 U.S.C. § 1915(a). Because it appears he lacks sufficient funds to prosecute this action IT IS HEREBY ORDERED that Cowan's Motion to Proceed In Forma Pauperis is GRANTED. This action may proceed without prepayment of the filing fee, and the Clerk of Court is directed to file Cowan's lodged Complaint as of the filing date of his request to proceed in forma pauperis.

The federal statute under which leave to proceed in forma pauperis is permitted - 28 U.S.C. § 1915 - also requires the Court to conduct a preliminary screening of the allegations set forth in the litigant's pleading. The applicable provisions of section 1915(e)(2) state as follows:

(2) Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that--

(A) the allegation of poverty is untrue; or

(B) the action or appeal--

(i) is frivolous or malicious;

(ii) fails to state a claim on which relief may be granted; or

(iii) seeks monetary relief against a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2).

The Court will review Cowan's pleading to consider whether this action can survive dismissal under the provisions of section 1915(e)(2), or any other provision of law. See Huftile v. Miccio-Fonseca, 410 F.3d 1136, 1138, 1142 (9th Cir. 2005).

II. PLAINTIFF'S ALLEGATIONS

Cowan commenced this action seeking relief from what he perceives and characterizes as outrageous and unfair treatment of him by employees of the State of Montana in violation of his various rights. Cowan's allegations indicate he has some unidentified prior criminal conviction imposed against him in the state courts of Montana, and that he has been harassed and abused in the criminal justice system in Montana beginning as far back as 1992. Cowan identifies some specific examples of his alleged mistreatment, alleging that Defendants unlawfully registered him as a sexual violent predator, revoked his probation and sentenced him to incarceration based on false accusations, wrongfully subjected him to a forced psychological evaluation, and improperly used confidential psychological information in an attempt to re-incarcerate him.

In the caption of his pleading, Cowan identifies only the "State of Montana", "Government", and "Departments thereof" as the named Defendants in this action. In the body of his pleading Cowan lists 127 individuals or entities as a "partial list of Defendants", but he does not describe how any of those individuals were involved in any of the matters plead in Cowan's complaint.

Cowan advances numerous claims for relief. Invoking federal question jurisdiction, Cowan alleges Defendants violated his federal constitutional rights. He also asserts Defendants violated his rights under the Montana Constitution.

For his relief, Cowan requests an order directing the State of Montana to cease the imposition of "all sanctions" against him. Among other things, he requests that the Court intervene and supervise any ...


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