Wallace v. CCCS, Inc. Provider McGreely et al

Filing 7

ORDER ADOPTING 6 FINDINGS AND RECOMMENDATIONS in full; denying 1 Motion for Leave to Proceed in forma pauperis. This matter shall be closed if Wallace fails to pay the $400.00 filing fee within 21 days of this Order. Signed by Judge Susan P. Watters on 9/1/2017. Mailed to Wallace. (TAG)

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

SEP 0 1 2017
Cle~. U.S. o· .
District Of ~trict Court
Bi//ingsontana

GREGORYL. WALLACE,
CV 17-83-BLG-SPW
Plaintiff,
ORDER ADOPTING
MAGISTRATE'S FINDINGS
AND RECOMMENDATIONS

vs.
CCCS, INC., et al.,
Defendants.

Before the Court are United States Magistrate Judge Timothy Cavan's
Findings and Recommendations filed on August 17, 201 7. (Doc. 6). Judge Cavan
recommends that this Court deny Plaintiff Gregory Wallace's motion for leave to
proceed in forma pauperis. (Doc. 1).
Pursuant to 28 U.S.C. § 636(b )(1 ), the parties were required to file written
objections within 14 days of the filing of Judge Cavan's Findings and
Recommendations. No objections were filed. When neither party objects, this
Court reviews Judge Cavan's Findings and Recommendations for clear error.

McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313
(9th Cir. 1981 ). Clear error exists if the Court is left with a "definite and firm
conviction that a mistake has been committed." United States v. Syrax, 235 F.3d

1

422, 427 (9th Cir. 2000). After reviewing the Findings and Recommendations, this
Court does not find that Judge Cavan committed clear error.
IT IS ORDERED that the proposed Findings and Recommendations entered
by United States Magistrate Judge Cavan (Doc. 6) are ADOPTED IN FULL.
IT IS FURTHER ORDERED that Plaintiff Wallace's motion for leave to
proceed in forma pauperis (Doc. 1) is DENIED pursuant to Local Rule 3 .1 (d)( 4 ).
IT IS FURTHER ORDERED that this matter shall be closed if Wallace fails
to pay the $400.00 filing fee within 21 days of this Order.

st-

S-e.;rf;

DATED this _L day of~' 2017.

7

~f?-~
SUSANP. WATTERS
United States District Judge

2