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Porter v. Missoula Police Department

United States District Court, D. Montana, Missoula Division

May 31, 2017

JOSEPH PORTER, Plaintiff,
v.
MISSOULA POLICE DEPARTMENT, Defendant.

          ORDER, AND FINDINGS AND RECOMMENDATION

          Jeremiah C. Lynch United States Magistrate Judge.

         I. Introduction

         Plaintiff Joseph Porter, proceeding pro se, filed a Motion to Proceed In Forma Pauperis. Porter 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 Porter'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 Porter's lodged pleading 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 Porter'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

         Plaintiff Joseph Porter filed a pleading requesting the Court order the release of confidential criminal justice information. Specifically, he identifies an incident report, and 911 calls he and another person made on April 9, 2016, relative to a confrontation Porter had with another private citizen in Missoula, Montana. Porter's petition - a pre-printed form document used for filing in the courts of the State of Montana - cites to Mont. Code Ann. § 44-5-303(6) as the legal authority for his request for release of ...


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