United States District Court, D. South Dakota, Western Division
JEFFREY L. VIKEN UNITED STATES DISTRICT JUDGE
Dakota Lee Zerbst, appearing pro se, brought this
action under the False Claims Act ("FCA"), 31
U.S.C. § 3729, against defendant, the University of
Phoenix. (Docket 1). Plaintiff moves for leave to proceed
in forma pauperis. (Docket 2). Also pending before
the court are plaintiffs motions to appoint counsel, a motion
requesting a CM/ECF account to electronically file documents,
and a motion to withdraw his request for waiver of service.
(Docket 3, 6 & 7). The court grants plaintiff leave to
proceed in forma pauperis and dismisses the case.
In Forma Pauperis Status
1915(a)(1) of Title 28 of the United States Code permits 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 makes approximately $300 per month in
wages and has no savings or other assets. (Docket 2). The
court finds plaintiff is indigent within the meaning of
§ 1915(a)(1) and grants him leave to proceed in
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;
(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 suet 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 ...