United States District Court, D. Montana, Missoula Division
ORDER, AND FINDINGS AND RECOMMENDATION
Jeremiah C. Lynch, United States Magistrate Judge
Kermit Poulson, appearing pro se, filed a Motion to Proceed
In Forma Pauperis. Poulson 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 Poulson'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 Poulson's lodged Complaint 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:
(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 Poulson's pleading to consider whether
any of Poulson's claims 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).
federal question jurisdiction under 28 U.S.C. § 1331,
Poulson commenced this action on September 28, 2017, alleging
the numerous Defendants violated various of his federal
constitutional rights - he presumably seeks relief under 42
U.S.C. § 1983. Poulson also advances a claim under the
Americans with Disabilities Act (“ADA”). Finally,
he asserts he was subjected to libel and slander by some of
the Defendants, thus invoking supplemental jurisdiction under
28 U.S.C. § 1367 over these claims which are grounded in
of the complaint reflects that Poulson's claims have
their genesis in two legal proceedings prosecuted against him
in the Montana Eleventh Judicial District Court, Flathead
County. The first was a civil proceeding, Cause No.
DN-09-053, which culminated in the termination of
Poulson's parental rights with respect to minor child
M.M.F. See, In re M.M.F., 272 P.3d 125 (Table)
(Mont. 2011). The second was a criminal proceeding which
culminated in Poulson entering a guilty plea on August 9,
2012, to felony criminal possession of dangerous drugs in
Cause No. DC 11-014A. See, State of Montana v.
Poulson, 363 P.3d 1146 (Table) (Mont.
2015). Poulson is not currently in custody on
Court reviews Poulson's claims in the context of the