United States District Court, D. Montana, Missoula Division
DANIEL M. DURAM, Plaintiff,
KALISPELL REGIONAL MEDICAL CENTER, Defendant.
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).
states that he went to Defendant Kalispell Regional Medical
Center three times on an undisclosed date seeking medical
attention for a heart attack. But he asserts the medical