Wheeler v. United States et al

Filing 8

ORDER signed by Chief Judge Anthony W. Ishii on 7/17/2012 adopting in part 4 FINDINGS AND RECOMMENDATIONS; denying 2 Motion to Proceed IFP and dismissing 1 Complaint with leave to amend. Amended Complaint due by 8/20/2012.(Lundstrom, T)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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JOHN FREDERICK WHEELER,

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Plaintiff,
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v.
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UNITED STATES, et. al.,
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Defendants.
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____________________________________)

NO. 1:12-cv-00541-AWI-JLT
ORDER RE: FINDINGS AND
RECOMMENDATIONS
(Doc. No. 4)

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John Frederick Wheeler (“Plaintiff”) moves to proceed in forma pauperis with an action
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for violations of his civil rights. This issue was referred to a Magistrate Judge. On April 25,
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2012, the Magistrate Judge filed findings and recommendations that Plaintiff’s motion to proceed
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in forma pauperis be denied and the complaint be dismissed without leave to amend. The
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Magistrate Judge determined Plaintiff was not entitled to proceed because he failed to state a
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claim upon which relief may be granted or allege a causal relationship between the defendants
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and the injury alleged.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 305, this
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Court has conducted a de novo review of the case. Having carefully reviewed the entire file, the
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Court finds the Magistrate Judge’s recommendation that Plaintiff’s in forma pauperis motion be
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denied to be supported by the record and proper analysis. However, the Court respectfully
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declines to adopt the Magistrate Judge’s recommendation of dismissal without leave to amend.

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Accordingly, IT IS HEREBY ORDERED:

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1.

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The Findings and Recommendations filed on April 25, 2012 are ADOPTED IN
PART;

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2.

Plaintiff’s motion to proceed in forma pauperis is DENIED; and

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3.

Plaintiff’s complaint is DISMISSED with leave to amend. Plaintiff shall have

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leave to amend within 30 days of entry of this order.
IT IS SO ORDERED.

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Dated:
0m8i78

July 17, 2012
CHIEF UNITED STATES DISTRICT JUDGE

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