United States District Court, D. Montana, Missoula Division
Jeremiah C. Lynch United States Magistrate Judge
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.
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).
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).
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 ...