United States District Court, D. Montana, Missoula Division
ORDER, AND FINDINGS AND RECOMMENDATION
Jeremiah C. Lynch, United States Magistrate Judge
In Forma Pauperis Application
Steven Aver, 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 Aver's application is
GRANTED. This action may proceed without
prepayment of the filing fee, and the Clerk of Court is
directed to file Aver'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
(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).
Court will review Aver'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).
21, 2018, Idaho State Police Trooper Brady Walker effected a
traffic stop on Aver while Aver was driving in Idaho. Trooper
Walker issued Aver two motor vehicle or traffic citations -
one charges Aver with failing to wear a seatbelt, and the
other charges him with failing to obtain a proper
driver's license in Idaho. The two citations are
presently being prosecuted in the District Court of the
1st Judicial District of the State of Idaho, in
the County of Boundary.
commenced this civil action challenging the legal authority
of the Idaho officials and employees who are responsible for
enforcing Idaho law and prosecuting the two citations issued
to Aver. Specifically, the individuals that Aver identifies
as Defendants in this action are the judge who is presiding
over his traffic citations, Trooper Walker, the district
court employees, the Idaho prosecuting attorneys, and the
Boundary County Sheriff.
gravamen of Aver's various requests for relief asserts
that the State of Idaho lacks legal authority to prosecute
him for the two citations that Trooper Walker issued to him.
He requests this court issue declaratory relief establishing
that the Idaho laws on which the citations are based are
invalid, and that the Defendants have no lawful authority to
prosecute him. He also requests injunctive ...