Brosten v. Democrat National Committee et al
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. ; denying 1 Motion for Leave to Proceed in forma pauperis; adopting Findings and Recommendations re 3 Findings and Recommendations. Signed by Judge Brian Morris on 12/7/2015. (SLL, ) Modified on 12/7/2015 Cpy mailed to pro se Pla thru U.S. Mail w/cpy of docket sheet (ELL, ).
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
COMMITTEE, CBS/KCCI, THE DES
MOINES REGISTER, ABC/WMUR,
NBC, CONGRESSIONAL BLACK
CAUCUS INSTITUTE, UNIVISION,
THE WASHINGTON POST, and
ORDER ADOPTING MAGISTRATE
JUDGE’S FINDINGS AND
Plaintiff Eric Brosten filed a pleading in this action, together with his
application for leave to proceed in forma pauperis under 28 U.S.C. § 1915(a)(1).
Brosten is proceeding pro se. Brosten titled his pleading “Fraudulent deceit[.]”
(Doc. 2 at 1.) Brosten purports to prosecute his claims as a class action on behalf of
all Americans, and he requests that the Court take action on issues that affect
“national security and the very future of our country.” Id. Brosten requests that the
Court require Defendants to allow him to participate in presidential debates. (Doc.
2 at 2.)
United States Magistrate Judge Jeremiah Lynch entered Findings and
Recommendations in this matter on November 16, 2015. (Doc. 3.) Judge Lynch
recommended that the Court dismiss the pleading as frivolous as it “lacks any basis
in fact or in law.” (Doc. 3 at 6.) The Court determined that the pleading cannot be
cured by amendment. (Doc. 3 at 6.) Brosten filed no objections to Judge Lynch’s
Findings and Recommendations. When a party makes no objections, the Court
need not review de novo the proposed Findings and Recommendations. Thomas v.
Arn, 474 U.S. 140, 149-52 (1986). This Court will review Judge Lynch’s Findings
and Recommendations, however, for clear error. McDonnell Douglas Corp. v.
Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).
The Court possesses authority to deny leave to proceed in forma pauperis at
the outset if it appears from the face of the pleading that the action proves frivolous
or without merit. Minette v. Port of Seattle, 152 F.3d 1113, 1115 (9th Cir. 1998). A
pleading is frivolous when it presents no “arguable basis in law or fact.” Franklin
v. Murphy, 745 F.2d 1221, 1255 (9th Cir. 1984). Brosten has presented no arguable
basis in law or fact. The Court may dismiss a pro se complaint without leave to
amend when “it is absolutely clear that the deficiencies of the complaint could not
be cured by amendment.” Weilburg v. Shapiro, 488 F.3d 1202, 1205 (9th Cir.
2007). No basis exists for the Court to award Brosten the relief that he seeks. The
Court finds no error in Judge Lynch’s Findings and Recommendations, and adopts
them in full.
Accordingly, IT IS SO ORDERED that Brosten’s request to proceed in
forma pauperis (Doc. 1) under 28 U.S.C. § 1915(a)(1) is DENIED and this action
shall be DISMISSED.
DATED this 7th Day of December, 2015.
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