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Smith v. Integrow Malt, LLC
United States District Court, D. Montana, Missoula Division
March 19, 2019
REX KAY SMITH, Plaintiff,
INTEGROW MALT, LLC, BARRETT BUSINESS SERVICES, INC., CARGILL, INC., ANHEUSER-BUSCH INBEV WORLDWIDE, INC., GREGG SMITH, MIKE TSANTIS, ALREDO AVILA, and ANDREW SHAW, Defendants.
JEREMIAH C. LYNCH UNITED STATES MAGISTRATE JUDGE.
Rex Smith, appearing pro se, filed an application requesting
leave to proceed in forma pauperis. Smith 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 Smith's application is
GRANTED. This action may proceed without
prepayment of the filing fee, and the Clerk of Court is
directed to file Smith'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 Smith'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).
asserts he was discharged from his employment after he sought
to obtain workers' compensation benefits for injuries
sustained in an accident at work, and after he raised issues
under the Fair Labor Standards Act and the Family Medical
Leave Act. He states Defendant Integrow Malt, LLC interfered
with his workers' compensation payments. He also states
all Defendants are liable for defamation. But Smith provides
no further factual information about his claims.
asserts jurisdiction over this case is founded upon diversity
of citizenship under 28 U.S.C. § 1332. But Smith
similarly does not present any facts satisfying the
requirements for diversity jurisdiction.