Horob v. Watters et al
Filing
9
ORDER ADOPTING 4 FINDINGS AND RECOMMENDATIONS in full; denying as moot 6 Motion to Compel, 8 Motion for Discovery. Signed by Judge Dana L. Christensen on 9/23/2014. Mailed to Horob. (TAG, )
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
CV 14-67-BLG-DLC
TODD KENNETH HOROB
Plaintiff,
ORDER
vs.
FILED
UNITED STATES DISTRICT
COURT BILLINGS MT, et ai.,
SEP 2 2 201~
Defendants.
Cieri<, u.s DistrIct Court
District Of Montana
Missoula
United States Magistrate Judge Caroline S. Ostby entered her Findings and
Recommendation on June 6, 2014, recommending that Plaintiff Horob's motion to
proceed in forma pauperis be denied because Horob has exceeded the three
"strikes" allowed by the Prison Litigation Reform Act to a prisoner attempting to
proceed in forma pauperis and that allegations in Horob's Complaint do not
support a finding that Horob is in imminent danger of serious physical injury.
Horob failed to timely object to the Findings and Recommendation, and so waived
the right to de novo review of the record. 28 U.S.C. § 636(b)(1). The Court will
therefore review the record for clear error. McDonnell Douglas Corp. v.
Commodore Bus. Mach., Inc., 656 F.2d 1309,1313 (9th Cir. 1981). The Court
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adopts Judge Ostby's findings and recommendation in full.
Horob moved to proceed in forma pauperis with this action under 28 U.S.C.
§ 1915. Horob is a state prisoner proceeding pro se. Horob has exceeded the
three "strikes" allowed by the Prison Litigation Reform Act. His Complaint does
not support a finding that he is in imminent danger of serious physical injury. See
28 U.S.C. § 1915(g). There is no clear error in Judge Ostby's recommendation
that Horob's motion to proceed in forma pauperis should be denied.
IT IS ORDERED that Judge Ostby's Findings and Recommendation
(Doc. 4) are ADOPTED IN FULL. The Clerk of Court shall enter judgment in
favor Defendants and against Plaintiff.
IT IS FURTHER ORDERED that Horob's motion to compel (Doc. 6) and
motion for discovery (Doc. 8) are DENIED AS MOOT. This case is CLOSED.
DATED this
2-z.~ay ofSeptemb
2014.
Dana L. Christensen, Chief Judge
United States District Court
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