United States District Court, D. Montana, Missoula Division
ORDER, AND FINDINGS AND RECOMMENDATION
Jeremiah C. Lynch United States Magistrate Judge.
Ron Glick, proceeding pro se, filed a Motion 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
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 Glick's lodged
pleading as of the filing date of his request to proceed in
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 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).
Glick's “Petition for Writ of
states he is the personal representative of his
grandmother's estate. He commenced a civil action in a
Montana state district court on behalf of that estate. The
district court dismissed the action, and Glick, proceeding
pro se and in his capacity as the personal ...