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Anderson v. McGrath

United States District Court, D. Montana, Missoula Division

October 31, 2018

MICHAEL T. ANDERSON, Plaintiff,
v.
MICHAEL McGRATH, in his official capacity as Chief Justice of the Montana Supreme Court of the State of Montana, and MICHAEL W. COTTER, in his official capacity as Chief Disciplinary Counsel for the State of Montana, Defendants.

          ORDER, AND FINDINGS AND RECOMMENDATION

          Jeremiah C. Lynch United States Magistrate Judge.

         I. In Forma Pauperis Application

         Plaintiff Michael Anderson, 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 Anderson's application is GRANTED. This action may proceed without prepayment of the filing fee, and the Clerk of Court is directed to file Anderson'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 Anderson'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

         On April 16, 2018, Plaintiff Michael Anderson mailed a letter to Defendant Michael Cotter, the Chief Disciplinary Counsel in the Montana Office of Disciplinary Counsel, requesting the production of certain documents. Specifically, Anderson requested that Cotter provide him with copies of the “public records” of the attorney disbarment proceedings pertaining to a specific Montana attorney, Robert Myers. (Doc. 2-6 at 4 of 11.)

         Anderson states the Office of Disciplinary Counsel had pursued a grievance against Robert Meyers for alleged professional misconduct, and it presented the matter to the Montana Commission on Practice. As a result, the Commission on Practice recommended that Myers be disbarred, and the Montana Supreme Court adopted the recommendation. Thus, Anderson also names the Chief Justice of the Montana Supreme Court, the Honorable Michael McGrath, as a Defendant.

         Anderson asserts he needs the documents he is requesting from Defendants to support a petition he intends to file “with either the Special Procedures Unit/Special Rapporteur[s] of the U.N. Human Rights Council and/or the Inter-American Commission on Human Rights”. (Doc. 2 at 22.) His petition will present his theory that United States citizens do not receive fair trials in either civil or criminal cases prosecuted in any court or tribunal in the United States. Anderson states his theory is based, in part, upon his own 20 years of experience with litigation in American courts ruing which he allegedly he has not received fair hearings. He contends the United States government is responsible for ensuring that citizens receive fair trials, but it has failed to satisfy its duty in that regard. Anderson seeks to rectify the problem through his proposed petition.

         Anderson believes his theory of injustice in the United States will be supported by the records of Myers' disbarment proceedings. He contends Myers did not receive fair hearings in his disciplinary matters, and Anderson argues ...


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