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Dodd v. Jenkins

United States District Court, D. South Dakota, Western Division

August 5, 2019

BRIAN DODD, Plaintiff,
v.
SAM JENKINS; and LEAPS PROGRAM, Defendants.

          ORDER

          JEFFREY VIKEN CHIEF JUDGE.

         INTRODUCTION

         Plaintiff Brian Dodd, appearing pro se, filed a complaint against defendants Sam Jenkins and the LEAPS Program alleging defendants “repeatedly infringed on Plaintiff's copyrighted works” and “repeatedly violated the U.S. EEOC Settlements[.]” (Docket 1 at p. 4). Plaintiff also filed a motion to proceed in forma pauperis. (Docket 2). The court grants plaintiff in forma pauperis status but dismisses his complaint in part.

         I. In Forma Pauperis Status

         Section 1915(a)(1) of Title 28 of the United States Code directs the court to authorize the commencement of a civil action without prepayment of fees upon proof of plaintiff's inability to pay. 28 U.S.C. § 1915(a)(1). In his declaration, plaintiff indicates he is currently unemployed and receives disability payments of $770 per month. (Docket 3). The court finds plaintiff is indigent within the meaning of § 1915(a)(1) and grants him leave to proceed in forma pauperis.

         II. Complaint Screening

         A. Legal standard

         Because plaintiff is proceeding in forma pauperis, the court must screen his complaint pursuant to 28 U.S.C. § 1915. That statute provides:

Notwithstanding any filing fee, . . . the 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. ยง 1915(e)(2). Subsection (e)(2) allows the court to sua sponte review a complaint filed with an in forma pauperis application to determine if the action is frivolous, malicious, fails to state a claim, or seeks monetary relief against ...


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