United States District Court, D. Montana, Missoula Division
ORDER, AND FINDINGS AND RECOMMENDATION
Jeremiah C. Lynch United States Magistrate Judge.
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.
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:
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 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).
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 ...