Carter v. Van Leer

Filing 6

ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION TO GRANT PLAINTIFF'S APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES AND DISMISS THE COMPLAINT WITH PREJUDICE AS MODIFIED (ECF NO. 5 ) - Signed by JUDGE HELEN GILLMOR on 6/19/2018. Plaintiff's application to proceed without prepayment of fees is GRANTED. Plaintiff has failed to state a claim in his Complaint and amendment would be futile. Plaintiff's Complaint is DISMISSED WITH PREJUDICE. (emt, )COURT'S CERTIFICATE of Service - Jerry Dean Carter served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on June 19, 2018.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
JERRY DEAN CARTER,
Plaintiff,
v.
IVAN VAN LEER,
Defendant.

)
)
)
)
)
)
)
)
)
)

CIVIL NO. 18-00178 HG-RLP

ORDER ADOPTING MAGISTRATE JUDGE’S FINDINGS AND RECOMMENDATION
TO GRANT PLAINTIFF’S APPLICATION TO PROCEED WITHOUT PREPAYMENT
OF FEES AND DISMISS THE COMPLAINT WITH PREJUDICE AS
MODIFIED (ECF No. 5)
Findings and Recommendation having been filed and served on
all parties on May 25, 2018, and no objections having been filed
by any party,
IT IS HEREBY ORDERED AND ADJUDGED that, pursuant to Title
28, United States Code, Section 636(b)(1)(C) and Local Rule 74.2,
the “Findings and Recommendation that the District Court Grant
Plaintiff’s Application to Proceed Without Prepayment of Fees and
Dismiss the Complaint with Prejudice” (ECF No. 5) are adopted as
the opinion and order of this Court with the following
modifications:
On Page 3, remove the quotation marks on Lines 1 and 4
On Page 3, Line 12, after “662" insert “, 678"
On Page 6, Line 3-4, replace “Lopez v. Smith, 203 F.3d
1122, 1126 (9th Cir. 2000) (en banc)” with “Lopez, 203
F.3d at 1127"
Plaintiff’s application to proceed without prepayment of

1

fees is GRANTED. Plaintiff has failed to state a claim in his
Complaint and amendment would be futile.

Plaintiff’s Complaint

is DISMISSED WITH PREJUDICE.

IT IS SO ORDERED.

DATED: HONOLULU, HAWAII, June 19, 2018.

CARTER v. VAN LEER, CIVIL NO. 18-00178 HG-RLP; ORDER ADOPTING
MAGISTRATE JUDGE’S FINDINGS AND RECOMMENDATION TO GRANT
PLAINTIFF’S APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES AND
DISMISS THE COMPLAINT WITH PREJUDICE AS MODIFIED (ECF No. 5)
2