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Hamous v. Kestell

United States District Court, D. Montana, Missoula Division

September 21, 2017

JEROME HAMOUS, Plaintiff,
v.
JOHN KESTELL, and CHUCK BARLOW, Defendants.

          ORDER

          Jeremiah C. Lynch United States Magistrate Judge

         I. Introduction

         Plaintiff Jerome Hamous, appearing pro se, presents an application requesting leave to proceed with this action in forma pauperis. The application is supported by Hamous's 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 his application is GRANTED. This action may proceed without prepayment of the filing fee, and the Clerk of Court is directed to file Hamous's lodged Complaint as of the filing date of his application 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).

         Thus, the Court will review Hamous'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

         In 2014 Hamous was tenant residing at the RoseBrier Inn in Kalispell, Montana. In September, 2014, however, the Defendants evicted him from the housing facility purportedly for the reasons stated in an ...


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