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Glick v. Townsend

United States District Court, D. Montana, Missoula Division

March 20, 2015

RON GLICK, Plaintiff,
v.
ANGELA J. TOWNSEND, ANDREW WIES, THE FORLORNED LLC, GOOD OUTLAW STUDIOS, CLEAN TEEN PUBLISHING, INC., and DOES ONE THROUGH TWENTY, Defendants.

ORDER, AND FINDINGSCN AND RECOMMENDATION

JEREMIAH C. LYNCH, Magistrate Judge.

I. INTRODUCTION

On March 4, 2015, Plaintiff Ron Glick, appearing pro se, lodged a civil complaint and filed a motion requesting leave to proceed in forma pauperis. Glick 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 Glick's motion is GRANTED. This action may proceed without prepayment of the filing fee, and the Clerk of Court is directed to file Glick'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 proceed to review Glick'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. BACKGROUND

Glick commenced this action alleging Defendants have infringed upon trademark rights he owns with respect to the book title "The Forlorned." In 2013, Defendant Angela Townsend asked Glick to assist her in various ways to re-write and re-brand a novel that Townsend had previously written entitled "Fears of a Fisherman." Glick created the title "The Forlorned" and granted Townsend permission to use that title in the recreation of her novel. Townsend then made plans to create a movie adaptation of her novel, and to use the title "The Forlorned" in connection with her new book and movie. Glick complains that Townsend and Defendants have failed to credit him with creation of the book title, ...


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