Stewart v. McManus

STUART, District Judge.

On March 6, 1986, the Court ordered plaintiff to pay two dollars ($2.00) as partial payment of the filing fee of this action. Plaintiff made payment of the amount in a timely manner. The Court must next determine whether plaintiff’s claim is frivolous. 28 U.S.C. § 1915(d).

In reviewing plaintiff’s claim under section 1915(d), the Court must accept as true plaintiff’s factual allegations. Because plaintiff is acting pro se, the Court must also liberally construe the allegations made by plaintiff. Hughes v. Rowe, 449 U.S. 5, 9, 101 S.Ct. 173, 175-76, 66 L.Ed.2d 163 (1980).…