United States District Court, D. Maine
WILLIAM C. BLOOMQUIST J.D., Plaintiff
CLOUTIER N.P., et al., Defendants
ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS,
GRANTING MOTION FOR RECONSIDERATION, and RECOMMENDING
DISMlSSAL OF CERTAIN COUNTS
H. Rich III John H. Rich III United States Magistrate Judge
pro se plaintiff seeks to proceed in forma
pauperis in this action and also seeks relief from my
recommendation (ECF No. 4) that this case be dismissed for
failure to prosecute. I grant the plaintiff's request for
leave to proceed in forma pauperis and his motion
for reconsideration, but recommend that the court dismiss one
count included in the complaint with prejudice pursuant to 28
U.S.C. § 1915(e)(2)(B).
In Forma Pauperis
forma pauperis status is available under 28 U.S.C.
wake of my recommended dismissal, the plaintiff has now filed
an application to proceed without paying fees or costs,
signed under penalties of perjury, that states that he has an
annual income of between $3, 500 and $5, 500, owns a motor
vehicle valued at $2, 500, firearms valued at $2, 500, and
“parts cars” valued at $2, 400. Application to
Proceed in District Court Without Prepaying Fees or Costs
(ECF No. 6). He lists a debt of $3, 000. Id. I
conclude that, under these circumstances, the plaintiff does
qualify for in forma pauperis status, and his
request is granted.
18, 2016, I recommended that the court dismiss this action
due to the plaintiff's failure to pay the filing fee or
to file an application to proceed in forma pauperis
by the deadline set by my earlier June 27, 2016, order that
he do so. Order (ECF No. 3); Recommended Dismissal (ECF No.
4). On the same day, the plaintiff filed a Motion for Relief
from Judgment and to Extend Time to File in Forma Pauperis
(ECF No. 5), asserting, inter alia, that he thought
that he had already filed a request for in forma
pauperis status, that a case manager of this court gave
him “a non[-]functioning email address for filing [his]
complaint[, ]” that problems with his computer led him
to believe that he had filed documents that were not in fact
filed electronically, and that the first response he received
from the clerk's office “seemed to confirm that[, ]
except for the signature style, Plaintiff's case file was
complete and ready to move forward.” Id. and
letter dated August 9, 2016, from William C. Bloomquist J.D.
to the clerk (ECF No. 8).
is as yet no judgment in this case from which the plaintiff
may be relieved. Treating his motion and his objection to the
recommended decision (ECF No. 7) as a motion for
reconsideration of my recommended decision, I grant the
motion but caution the plaintiff that he is expected to
comply with all court orders and deadlines, as is the case
for all litigants in this court. The recommended decision
(ECF No. 4) is vacated and withdrawn.
matter does not end there, however.
Section 1915 Review
U.S.C. § 1915(e)(2)(B) provides, in relevant part:
court shall dismiss the case at any time if the court
determines that (B) the action or appeal-
(i) is frivolous or malicious;
(ii) fails to state a claim on which relief may be ...