United States District Court, D. Montana, Butte Division
ORDER TO PLAINTIFF LOWRY
Jeremiah C. Lynch United States Magistrate Judge
Lowry filed this action on August 13, 2018.
is a prisoner proceeding in forma pauperis. See Mot. (Doc.
1); Order (Doc. 5). The Court must review his complaint to
determine whether it fails to state a claim on which relief
may be granted. See 28 U.S.C. §§ 1915(e)(2)(B)(ii).
is also self-represented. "A document filed pro se is to
be liberally construed, and a pro se complaint, however
inartfully pleaded, must be held to less stringent standards
than formal pleadings drafted by lawyers." Erickson
v. Pardus, 551 U.S. 89, 94 (2007) (per curiam) (internal
quotation marks and citation omitted).
alleges that, on August 9, 2012, he and/or Lowry Family
Holdings, LLC, paid $10, 000.00 to purchase a software
program "written in Rockwell Automation's STUDIO5000
software family" from Defendant Border States Electric
("BSE"). See Compl. (Doc. 2) at 2-3.
March of 2016, Lowry was arrested. The State accused him of
"withholding" a laptop belonging to "a past
business associate," Industrial Automation Consulting,
Inc. Lowry alleges that he installed or executed the Rockwell
program on that laptop. See Id. at 3.
asserts that BSE was "ethically require[d].. .to testify
as to the factual background of the software ownership, as
well as said software's functionality on the disputed
laptop." Compl. at 3. But when Lowry's counsel
attempted to subpoena Defendant Hall-BSE's local
manager-Hall was "unable to testify" because
"he had a sudden unexpected flight he must
undertake." Id. at 4. BSE represented that
"no other employee ... was able to testify."
alleges that Hall did not, in fact, have a flight, because
"certain parties" acting on Lowry's behalf
"contacted [Hall] multiple times at his place of
employment." Id. Lowry suggests Hall did not
want to testify because he was "a good friend of the
owner of Industrial Automation Consulting Inc. Chuck
claims that Hall and BSE caused him "enormous financial
damage due to the unprofessional behavior of Tyler Hall, as
well as Border State Electrics inability to manage its
employees, and maintain a zone neutral to its customers in
order for it to support its customers." Compl. at 5. He
also claims the Defendants "caused enormous health
issues as well as placed huge strains on the relationships
the Plaintiff maintains." Id. He seeks monetary
damages of $640, 000 for four years' lost salary, $120,
000 due to loss of prior contracts, $10, 000 "to offset
possible health related cost" as well as costs and
"legal fees" incurred in this action. Id.
Deficiencies in Complaint
Intent to File in Federal Court
the heading of "Venue," Lowry says, "The
amount of financial claim laid against the above named
Defendants mandates this matter brought before a District
Court Judge in good standing in the Great State of
Montana." Compl. (Doc. 2) at 2.
Court is a federal court, not a court of "the Great
State of Montana." Lowry may file a claim in state court