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Poulson v. Sharie

United States District Court, D. Montana, Missoula Division

February 7, 2017

KERMIT TY POULSON, Plaintiff,
v.
SHARIE, Executive Director, DREAM Adaptive, Defendant.

          ORDER, AND FINDINGS AND RECOMMENDATION

          JEREMIAH C. LYNCH UNITED STATES MAGISTRATE JUDGE.

         I. Introduction

         Plaintiff Kermit Poulson, proceeding pro se, filed a Motion to Proceed In Forma Pauperis. Poulson 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 Poulson'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 Poulson'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 Poulson'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

         Poulson sought to participate in a ski outing at Big Mountain in Whitefish, Montana, organized and sponsored by DREAM Adaptive. He emailed Defendant Sharie, the Executive Director of DREAM Adaptive, to inquire about going on the ski trip, and he ...


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