United States District Court, D. Montana, Missoula Division
ORDER, AND FINDINGS AND RECOMMENDATION
Jeremiah C. Lynch United States Magistrate Judge
In Forma Pauperis Application
Wayne Kellberg, 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 Kellberg's application is GRANTED.
This action may proceed without prepayment of the filing fee,
and the Clerk of Court is directed to file Kellberg'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 appeal-
(i) is frivolous or malicious;
(ii) fails to state a claim on which relief may be granted;
(iii) seeks monetary relief against a defendant who is immune
from such relief.
28 U.S.C. § 1915(e)(2).
Court will review Kellberg'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
alleges Defendant Ricky Shelbourne, identified by Kellberg as
a supervisor employed by the FBI, put him on television and
kept him "on TV way longer than anyone else." (Doc.
2 at 6.) He alleges Shelbourne's conduct occurred from
2015 to 2018, and has prevented him ...