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Strange v. Partners In Home Care, Inc.

United States District Court, D. Montana, Missoula Division

September 7, 2018

CLINTON STRANGE, Plaintiff,
v.
PARTNERS IN HOME CARE, INC., a Montana domestic non-profit corporation; EMAILMEFORM, LLC, a California for profit limited liability company; and MICHAEL QUAN, in his role as CEO of EMAILMEFORM, LLC, Defendants.

          ORDER, AND FINDINGS AND RECOMMENDATION

          JEREMIAH C. LYNCH UNITED STATES MAGISTRATE JUDGE

         I. Background

         Plaintiff Clinton Strange, appearing pro se, filed a pleading advancing claims under the federal Telephone Consumer Protection Act against the above-named Defendants. Strange also moves for leave to proceed in forma pauperis under 28 U.S.C. § 1915(a). He has submitted an application and affidavit which provide details about his financial condition.

         The Court finds Strange's application and affidavit make the showing required by 28 U.S.C. § 1915(a) to allow him to proceed in forma pauperis. Because it appears he lacks sufficient funds to prosecute this action IT IS HEREBY ORDERED that Strange'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 Strange'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 Strange'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. ...


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