Gamache v. United States of America

Filing 5

ORDER - The Court has reviewed the report and recommendation by Judge Humphreys and hereby adopts it in its entirety. IT IS THEREFORE ORDERED that plaintiff's Application To Proceed In Forma Pauperis (Doc. #3) filed March 22, 2011, be and hereb y is OVERRULED. IT IS FURTHER ORDERED that plaintiff's complaint be and hereby is DISMISSED. Signed by Chief Judge Kathryn H. Vratil on 7/7/2011. Mailed to pro se party Gregory Gamache by certified mail. (Certified Tracking Number: 7002 2030 0000 9348 2518)(kao)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

GREGORY GAMACHE,

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Plaintiff,
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v.
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UNITED STATES OF AMERICA,
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Defendant.
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__________________________________________)

CIVIL ACTION
No. 11-1085-KHV

ORDER
This matter comes before the Court on Magistrate Judge Karen M. Humphreys’ Report And
Recommendation (Doc. #4) filed June 14, 2011, regarding plaintiff’s Application To Proceed In
Forma Pauperis, Supporting Documentation And Order (Doc. #3) filed March 22, 2011. Judge
Humphreys recommended that the Court deny plaintiff’s motion and dismiss plaintiff’s complaint
pursuant to 28 U.S.C. § 1915(e)(2)(B) because the United States is immune from this suit, and
because the complaint has no arguable basis in law or fact and is frivolous. The deadline for filing
objections to the report and recommendation was June 28, 2011. The parties have not objected. The
Court has reviewed the report and recommendation by Judge Humphreys and hereby adopts it in its
entirety.
IT IS THEREFORE ORDERED that plaintiff’s Application To Proceed In Forma
Pauperis, Supporting Documentation And Order (Doc. #3) filed March 22, 2011 be and hereby is
OVERRULED.
IT IS FURTHER ORDERED that plaintiff’s complaint be and hereby is DISMISSED.

Dated this 7th day of July, 2011 at Kansas City, Kansas.
s/ Kathryn H. Vratil
KATHRYN H. VRATIL
United States District Judge

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