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Day v. Grey

United States District Court, D. Maine

November 21, 2016

ROY A. DAY, Plaintiff
v.
LORNA R. GREY, et al., Defendants

          ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS AND REVIEWUNDER 28 U.S.C. § 1915(E)(2)(B)

          John H. Rich, III United States Magistrate Judge

         In this pro se action arising out of a motor vehicle accident in Florida on April 29, 2016, between the plaintiff, a Florida resident, and the individual defendants, residents of Maine, I grant the plaintiff's request for leave to proceed in forma pauperis and recommend that the court allow the action to proceed after review under 28 U.S.C. § 1915(e)(2)(B).

         I. In Forma Pauperis

         In forma pauperis status is available under 28 U.S.C. § 1915(a)(1). However, section 1915(e)(2)(B) also provides, in relevant part:

[T]he 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 granted; or
(iii) seeks monetary relief against a defendant who is immune from such relief.

28 U.S.C. § 1915(e)(2)(B).

         “Dismissals [under 28 U.S.C. § 1915] are often made sua sponte prior to the issuance of process, so as to spare prospective defendants the inconvenience and expense of answering such complaints.” Nietzke v. Williams, 490 U.S. 319, 324 (1989); see also Mallard v. U.S. Dist. Ct. S. D. Iowa, 490 U.S. 296, 307-08 (1989) (“Section 1915(d), for example, authorizes courts to dismiss a ‘frivolous or malicious' action, but there is little doubt they would have power to do so even in the absence of this statutory provision.”)

         In support of his application for in forma pauperis status, the plaintiff initially submitted a document entitled Plaintiff's Motion for Leave to Proceed in Forma Pauperis (ECF No. 3), which did not include all of the information which this court requires in connection with such a motion. The clerk provided the plaintiff with a copy of this court's form application to proceed without prepaying fees or costs (ECF No. 6), and the plaintiff has now filled out and filed that form. ECF No. 8. The plaintiff has also filed a Motion for Order to Gain Access to “PACER” (ECF No. 4) and a Motion to Serve Defendants with USM-285 Form (ECF No. 5).

         The plaintiff reports monthly income of approximately $743, ownership of a 2016 Chevrolet Spark on which he owes $16, 410.11, $10.00 in a bank account, and approximately $1, 200 in monthly expenses, as well as debt of $300, 000. Id. These financial circumstances entitle him to proceed in forma pauperis.

         II. ...


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