Lyda v. Shinseki

Filing 5

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 4 in full. Plaintiff's Motion to Proceed in Forma Pauperis 1 is DENIED. Lyda has thirty days from the entry of this Order to pay the full filing fee of $350.00. If she fails to do so, the Clerk of Court will be ordered to close the file. Signed by Judge Richard F. Cebull on 5/3/2012. Mailed to Lyda. (TAG, )

FILED
MAY 03 2012
PATR/eKE
BY
. OUFFY CLERK

~
CT
B'LL'NG:'O COURT
IVISION

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

BILLINGS DIVISION

ROBIN O. L YDA,

)

CV-12-49-BLG-RFC

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Plaintiff,

)
)

n.

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ORDER ADOPTING FINDINGS
AND RECOMMENDATION OF
U.S. MAGISTRATE JUDGE

)
)

ERIC K. SHINSEKI, SECRETARY OF )
THE DEPARTMENT OF VETERANS )

AFFAIRS,
)

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Defendant.

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United States Magistrate Judge Carolyn S. Ostby has recommended this Court deny
Plaintiff's Motion to Proceed In Forma Pauperis. Doc. 4. Unlike other cases, Plaintiff is not
allowed to file objections to a Magistrate Judge's recommendation that a motion to proceed in
forma pauperis be denied. Minetti v. Port ofSeattle, 152 F.3d 1113, 1114 (9th Cir. 1998). No
objections have been filed.
In any event, after reviewing the record and the applicable law, it is obvious that Judge
Ostby correctly concluded that Plaintiff is not entitled to proceed in forma pauperis. Accordingly,
Magistrate Judge Ostby's Findings and Recommendations are adopted in their entirety.
1

IT IS HEREBY ORDERED that
(1)

Plaintiffs Motion to Proceed in Forma Pauperis (doc. 1) is DENIED;

(2)

Lyda has thirty days from the entry of this Order to pay the full filing fee of

$350.00. If she fails ~ the Clerk of Court will be ordered to close the file.

Dated this

~ day of May, 2012.

RICHARD F. CEBULL
UNITED STATES DISTRICT JUDGE

2