Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Noziska v. United States District Court

United States District Court, Ninth Circuit

May 3, 2013

SARA SHELLENE NOZISKA Plaintiff,
v.
UNITED STATES DISTRICT COURT, Defendant.

ORDER AND FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

JEREMIAH C. LYNCH, Magistrate Judge.

Pending are Plaintiff Sara Noziska's Motion to Proceed in Forma Pauperis and proposed Complaint.

I. Motion to Proceed in Forma Pauperis

Noziska submitted a declaration and account statement sufficient to make the showing required by 28 U.S.C. §1915(a). Accordingly, the request to proceed in forma pauperis will be granted. 28 U.S.C. § 1915(a).

Pursuant to 28 U.S.C. § 1915(b)(1), Noziska must pay the statutory filing fee of $350.00. Noziska submitted an account statement showing she has insufficient funds to pay an initial partial filing fee. The initial partial filing fee will be waived but Noziska must make monthly payments of 20% of the preceding month's income credited to her prison trust account. The percentage is set by statute and cannot be altered. See 28 U.S.C. § 1915(b)(2). By separate order, the agency having custody of Noziska will be directed to forward payments from her account to the Clerk of Court each time the amount in the account exceeds $10.00, until the filing fee is paid in full. 28 U.S.C. § 1915(b)(2).

II. Statement of the Case

A. Parties

Noziska is a prisoner proceeding without counsel. On her Complaint, Noziska indicated she was incarcerated at the Montana Women's Prison in Billings, Montana. Mail sent to her at that address was returned and remailed to Noziska at Passages in Billings, Montana. Pursuant to Local Rule 5.2, Noziska is required to promptly notify the Court of any change in mailing address by filing a Notice of Change of Address. Noziska must file a Notice of Change of Address as soon as possible to verify her current mailing addressing.

The named Defendant is United States District Court.

B. Statement of Claims

Noziska does not make any specific claims in her Complaint. She provides the following statement: "The man that hurt me & kids was stalking me on the streets which caused a p.t.s.d. episode which made me unable to do pre-release and get incarcerated. It felt like kill or be killed. I've been through a lot butt [sic] this traumatic also." (Dkt. 2, p. 6). She claims the following injuries: P.T.S.D., rhuematoid arthritis, fybromyalgia, and hepatitis C. She seeks medical benefits, physical therapy, medicines, doctor appointments, blood work, and benefits for medical and utilities. (Dkt. 2, p. 7).

III. Prescreening

A. Standard

Noziska is a prisoner proceeding in forma pauperis so her Complaint is reviewed under 28 U.S.C. § 1915, 1915A. Sections 1915A(b) and 1915(e)(2)(B) allow for the dismissal of a pro se prisoner complaint before it is served upon the defendants if it is frivolous, fails to state a claim upon which relief may be ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.