United States District Court, D. Maine
ROY A. DAY, Plaintiff
LORNA R. GREY, et al., Defendants
ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS AND
REVIEWUNDER 28 U.S.C. § 1915(E)(2)(B)
H. Rich, III United States Magistrate Judge
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).
In Forma Pauperis
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
(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)(B).
[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.”)
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).
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.