Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Kellberg v. Shelbourne

United States District Court, D. Montana, Missoula Division

February 28, 2019

WAYNE DALE KELLBERG, Plaintiff,
v.
SUPERVISORY RICKY SHELBOURNE, Defendant.

          ORDER, AND FINDINGS AND RECOMMENDATION

          JEREMIAH C. LYNCH UNITED STATES MAGISTRATE JUDGE

         I. In Forma Pauperis Application

         Plaintiff 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.

         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 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 (9th Cir. 2005).

         II. Background

         Kellberg's disjointed allegations assert Defendant Supervisory Ricky Shelbourne, identified by Kellberg as a supervisor employed by the FBI, accused him of being on drugs, and has put him “on television longer than anybody has in history.” (Doc. 2 at 6.) He alleges ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.