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Frost v. Asencio

United States District Court, D. Montana, Missoula Division

May 12, 2015

CANNY LEWIS FROST, Plaintiff,
v.
JOANN ASENCIO, et al., Defendants.

ORDER, and FINDINGS AND RECOMMENDATION

JEREMIAH C. LYNCH, Magistrate Judge.

I. INTRODUCTION

Plaintiff Canny Frost, proceeding pro se, filed a Motion to Proceed In Forma Pauperis. Frost 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 Frost'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 Frost'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 Frost'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

Frost's pleading presents incomprehensible, and seemingly random and unconnected factual matters or allegations. Frost identifies approximately 15 different Defendants who have no apparent connection to Frost or with each other. Frost also makes reference to President John F. Kennedy's murder, the murder of "John Stanely", Abe Lincoln, gold that Defendant Samantha Wadsworth found, and a "baby rape". His statement of claims refers in the abstract to "freedom", "freedom of speech", "Grades From Schools", "God Law", the bible, and he wrote incomprehensible phrases like "Dr. Bradley Irig = physical and mental stability", and "Grades proof is An overwrite". For his identified injuries Frost jotted down phrases such as "medications", "time to kill time to heal", "incorrect w/grades throughout life", "without belief ...


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