Wallace v. Duke et al

Filing 7

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 6 in full; denying 3 Motion for Leave to Proceed in forma pauperis. Complaint 1 is DISMISSED WITHOUT PREJUDICE. Signed by Judge Susan P. Watters on 8/28/2015. Mailed to Wallace. (TAG, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION

GREGORY L. WALLACE,
CV 15-43-BLG-SPW
Plaintiff,
ORDER

vs.
DAVID DUKE, et al,
Defendants.

Plaintiff Gregory L. Wallace is a state prisoner proceeding prose. He filed
this action on May 28, 2015. (Doc. 1). United States Magistrate Judge Carolyn
Ostby issued Findings and Recommendations on August 6, 2015, in which she
concluded that Wallace has failed to show cause why his motion to proceed in
forma pauperis should not be denied. (Doc. 6 at 2). Further, Wallace has failed to
pay the filing fee for his action. (!d.) Judge Ostby therefore recommends that this
Court dismiss Wallace's Complaint.
Pursuant to 28 U.S.C. § 636(b)(1), Wallace had 14 days to file written
objections after Judge Ostby's Findings and Recommendations were filed. No
objections were filed. When neither party objects, this Court must still review
Judge Ostby's conclusions for clear error. Clear error exists if the Court is left
with a "definite and firm conviction that a mistake has been committed." United

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States v. Syrax, 235 F.3d 422, 427 (9th Cir.2000). After reviewing the Findings
and Recommendations, this Court does not find that Judge Ostby committed clear
error.
Accordingly, IT IS HEREBY ORDERED:
1. Judge Ostby's Findings and Recommendations (Doc. 6) are ADOPTED
IN FULL.
2. Wallace's Motion to Proceed in Forma Pauperis (Doc. 3) is DENIED and
his Complaint (Doc. 1) is DISMISSED WITHOUT PREJUDICE.

/1~

DATED this d.f_ day of August, 2015.

SUSANP. WATTERS
United States District Judge

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