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Wirth v. Puerco Justice Court

United States District Court, D. Montana, Missoula Division

May 20, 2015

CRAIG L. WIRTH, Plaintiff,
v.
PUERCO JUSTICE COURT, JUDGE J. YELLOWHORSE, and ARIZONA HIGHWAY PATROL, Defendants.

FINDINGS AND RECOMMENDATION

JEREMIAH C. LYNCH, Magistrate Judge.

I. INTRODUCTION

Plaintiff Craig Wirth, proceeding pro se, filed a Motion to Proceed In Forma Pauperis. Wirth 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 Wirth'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 Wirth'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 Wirth'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

In 1987 Wirth was apparently driving a commercial highway tractor/trailer unit on a freeway in Arizona when an Arizona Highway Patrol Trooper initiated a traffic stop. The trooper allegedly pulled Wirth over "under false pretenses" and issued Wirth "tickets with blatantly false charges." Wirth ...


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