Tetzner et al v. Kootenai County et al

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS denying 21 Sealed Motion to proceed in forma pauperis filed by Randall Tetzner, granting 20 Sealed Motion for Rule 60(b) relief filed by Randall Tetzner, Clerk of Court shall dismiss the claims of pla Bab y Doe if no attorny files a notice of appearance on his or her behalf within 30 days of this order; adopting 22 Report and Recommendations. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO RANDALL TETZNER, Plaintiff, vs. KOOTENAI COUNTY, et al, Defendants. ) ) ) Case No. CV07-035-N-EJL ) ) ) ORDER ADOPTING REPORT ) AND RECOMMENDATION ) ) )

On September 2, 2009, United States Magistrate Judge Larry M. Boyle issued a Report and Recommendation, recommending that Plaintiff's motion for Rule 60(b) relief be granted and the motion to proceed in forma pauperis be denied. Any party may challenge a Magistrate Judge's proposed recommendation regarding by filing written objections within ten days after being served with a copy of the magistrate's Report and Recommendation. 28 U.S.C. § 636(b)(1)(C). The district court must then "make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." Id. The district court may accept, reject, or modify in whole or in part, the findings and recommendations made by the magistrate. Id.; see also Fed. R. Civ. P. 72(b). Neither side has filed objections to the report and recommendation. The Court has reviewed the report and recommendation in light of the parties briefing on the motions and finds that the Magistrate Judge identified the correct legal standards and properly applied those standards to the record. (Docket No. 22). ORDER Having conducted a de novo review of the Report and Recommendation, this Court finds that Magistrate Judge Boyle's Report and Recommendation is well founded in law and consistent with this Court's own view of the evidence in the record. Acting on the recommendation of Magistrate Judge Boyle, and this Court being fully advised in the premises, IT IS HEREBY ORDER - Page 1
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ORDERED that the Report and Recommendation entered on September 2, 2009, (Docket No. 22), should be, and is hereby, INCORPORATED by reference and ADOPTED in its entirety. THEREFORE IT IS HEREBY ORDERED as follows: 1) The Motion for Rule 60(b) Relief (Dkt. No. 20) is GRANTED. The Order and Judgement dismissing this action (Dkt. Nos. 14, 15) are VACATED AND SET ASIDE. Plaintiff shall have 180 days from the date of this Order in which to pay the full filing fee of $350.00. Failure to pay the filing fee within the 180 days period may result in dismissal of this action without further notice. 2) 3) The Motion to Proceed In Forma Pauperis (Dkt. No. 21) is DENIED. The Clerk of the Court is directed to dismiss the claims of Plaintiff Baby Doe if no attorney files a notice of appearance on his or her behalf within thirty-days of this Order. 4) The Plaintiff is HEREBY ORDERED to serve the Defendants in this lawsuit within 60 days of this Order as required by the Federal Rules of Civil Procedure. DATED: September 22, 2009

Honorable Edward J. Lodge U. S. District Judge

ORDER - Page 2
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