United States District Court, D. South Dakota, Western Division
JEFFREY VIKEN CHIEF JUDGE.
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.
In Forma Pauperis Status
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.
plaintiff is proceeding in forma pauperis, the court must
screen his complaint pursuant to 28 U.S.C. § 1915. That
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;
(iii) seeks monetary relief against a defendant who is immune
from such relief.
28 U.S.C. § 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