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Weigel v. Facebook

United States District Court, D. Montana, Butte Division

March 19, 2018

ROBERT ALAN WEIGEL, Plaintiff,
v.
FACEBOOK, Defendant.

          ORDER, AND FINDINGS AND RECOMMENDATION

          Jeremiah C. Lynch United States Magistrate Judge

         I. In Forma Pauperis Application

         Plaintiff Robert Weigel, appearing pro se, filed an application requesting leave to proceed in forma pauperis. He 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 Weigel's application is GRANTED. This action may proceed without prepayment of the filing fee, and the Clerk of Court is directed to file Weigel's lodged Complaint 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 Weigel'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. Background

         Weigel commenced this action challenging Defendant Facebook's alleged negligent conduct in harming Weigel's social life and his Facebook experience. He portrays himself as the “original internet evangelist” since 1986, and he states that for the last decade he has worked extensively developing a “social network” with friends and also with customers relative to an ...


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