United States District Court, D. Montana, Missoula Division
DANIEL M. DURAM, Plaintiff,
BIG SKY FAMILY MEDICINE, and JONATHAN ANDERSON, M.D., Defendants.
JEREMIAH C. LYNCH UNITED STATES MAGISTRATE JUDGE
In Forma Pauperis Application
Daniel Duram, 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 Duram's application is
GRANTED. This action may proceed without
prepayment of the filing fee, and the Clerk of Court is
directed to file Duram'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 Duram'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).
17, 2017, Duram sought medical care at Big Sky Family
Medicine in Kalispell, Montana for what he states was a heart
attack. He had to wait for an hour and a half before he saw
Dr. Jonathan Anderson. He told Dr. Anderson he was
experiencing severe chest pain and that he was having a heart
attack. According to Duram, Dr. Anderson did not believe
Duram was having a heart attack or that he was in pain, and
Dr. Anderson did not conduct any medical tests on Duram.
Instead, Dr. Anderson believed Duram was seeking to obtain
pain medicine for unlawful purposes. After 30 minutes Duram
convinced Dr. Anderson to prescribe pain medicine. But Duram
alleges the delay in treatment from Dr. Anderson caused