United States District Court, D. Montana, Missoula Division
ORDER, AND FINDINGS AND RECOMMENDATION
JEREMIAH C. LYNCH UNITED STATES MAGISTRATE JUDGE.
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.
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;
(iii) seeks monetary relief against a defendant who is immune
from such relief.
28 U.S.C. § 1915(e)(2).
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).
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 ...