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Hartsoe v. Marshall

United States District Court, D. Montana, Missoula Division

September 18, 2014

JOHN HARTSOE, Plaintiffs,
v.
SAM MARSHALL, and BARBARA MARSHALL, Defendants.

ORDER, and FINDINGS AND RECOMMENDATION

JEREMIAH C. LYNCH, Magistrate Judge.

I. INTRODUCTION

Plaintiff John Hartsoe, proceeding pro se, filed a Motion to Proceed In Forma Pauperis. Hartsoe 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 his 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 Hartsoe's lodged complaint as of the filing date of his motion 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).

Thus, the Court will review Hartsoe'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

Hartsoe's allegations stem from legal proceedings in an unidentified civil action pending before the Montana Twentieth Judicial District Court, Lake County, Montana to which Hartsoe is a party. He alleges that a summary judgment hearing occurred in the referenced civil case, and Defendant Barbara Marshall was the court reporter for the hearing. Hartsoe alleges Marshall and her husband, Sam Marshall, omitted from the official transcript of the hearing a specific discussion Hartsoe's sister allegedly had with the ...


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