United States District Court, D. Montana, Billings Division
ALVIN J. DUNCAN, Petitioner,
JOHN DOE, FCC, Respondents.
ORDER AND FINDINGS AND RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE
Timothy J. Cavan United States Magistrate Judge.
Alvin J. Duncan, appearing pro se, filed a Motion for Leave
to Proceed in Forma Pauperis (Doc. 1) and a proposed
Complaint. The Complaint alleges that between June 20, 2015,
to the present day, unidentified individuals are attempting
to murder him, assault him with a nuclear weapon, and are
engaging in psychological, nuclear, and civil warfare against
him. He alleges that these acts violate his constitutional
rights and constitute cruel or barbaric detention. (Doc. 2 at
6, ¶III (A)(1)-(2)). Mr. Duncan is not currently in
Duncan has also filed a Motion for Warrant (Doc. 4), Motion
to Compel (Doc. 6), and Motion for Order (Doc. 7.) The motion
to proceed in forma pauperis will be granted, but the
Complaint should be dismissed as frivolous. The remaining
rnotions will be denied.
Motion To Proceed In Forma Pauperis
Duncan 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,
the Court will grant Mr. Duncan's application. This
action may proceed without prepayment of the filing fee, and
the Clerk of Court is directed to file Duncan's lodged
Complaint as of the filing date of his request to proceed in
federal statue 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 all 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 Mr. Duncan's pleading to consider
whether this action can survive dismissal under the
provisions of section 1915(e)(2). See, Huftile v.