United States District Court, D. Montana, Missoula Division
ORDER, AND FINDINGS AND RECOMMENDATION
JEREMIAH C. LYNCH UNITED STATES MAGISTRATE JUDGE.
In Forma Pauperis Application
Anthony Larson, 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 Larson's application is
GRANTED. This action may proceed without
prepayment of the filing fee, and the Clerk of Court is
directed to file Larson'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 Larson'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).
Larson was previously serving a term of probation on an
unspecified criminal matter, but he contends that probation
ended on October 3, 2017. Larson complains that although his
probation terminated, on October 27, 2017, Missoula County
Attorney Kirsten Pabst obtained a warrant for Larson's
arrest based on a probation violation Larson allegedly
committed. Larson was arrested on the warrant on September 8,
2018. Thus, ...