Gallagher v. Legacy Hotel Group, LLC et al

Filing 5

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 4 in full. Gallagher's motion to proceed in forma pauperis 1 is DENIED. Gallagher has ten days from the date this Order is filed to pay the $350 filing fee. If she fails to do so, the Clerk of Court is directed to close this case. Signed by Judge Richard F. Cebull on 8/7/2012. Mailed to Gallagher. (TAG, )

FILED
IN THE UNITED STATES DISTRICT COURT

AUG 072012

PATRICK E. DUFFY CLERK

FOR THE DISTRICT OF MONTANA

BY___~~;::----

BILLINGS DIVISION
HEATHER GALLAGHER,

Deputy Clerk

U.S. DISTRICT COURT
BILLINGS DIVISION

CV-12-89-BLG-RFC

Plaintiff,
vs.

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

LEGACY HOTEL GROUP, LLC,
d/b/a HOLIDAY INN LAKEWOOD,

and HOLIDAY INN LAKEWOOD,

Defendants.

United States Magistrate Judge Carolyn S. Ostby has recommended that
Gallagher's motion to proceed in forma pauperis be denied because she is not
indigent-that is, she is able to payor provide security for court costs and still
provide herself with the necessities of life. Doc. 4, citing Rowland v. Cal.
Men's Colony, 506 U.S. 194,203 (1993). Judge Ostby further recommends that
Gallagher be given a reasonable period of time to pay the full filing fee of$350
and that if she does not do so, this case should be closed. Since her motion to
proceed in forma pauperis was denied, Gallagher was not given an opportunity to
file objections to Judge Ostby's Findings and Recommendations. Minetti v. Port of
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Seattle, 152 F.3d 1113, 1114 (9th Cir. 1989). The Court has reviewed the file and
concurs in Judge Ostby's Findings and Recommendations.
Accordingly, IT IS HEREBY ORDERED that Gallagher's motion to
proceed in forma pauperis (doc. 1) is DENIED. Gallagher has ten days from the
date this Order is filed to pay the $350 filing fee. If she fails to do so, the Clerk of
Court is directed to close this case.
DATED theith day of August, 2012.

RICHARD F. CE
L
UNITED STATES DISTRICT JUDGE

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