Shepherd v. Assistant Warden Fender et al
Filing
7
ORDER ADOPTING 5 FINDINGS AND RECOMMENDATIONS; denying 2 Motion for Leave to Proceed in forma pauperis. Signed by Judge Dana L. Christensen on 9/22/2014. Mailed to Shepherd. (TAG, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
CV 14-55-GF-DLC
ROBERT A. SHEPHERD,
Petitioner,
ORDER
vs.
ASSISTANT WARDEN FENDER;
ATTORNEY GENERAL OF THE
STATE OF MONTANA,
FILED
SEP 22 201'1
CIet1<, u.s District Court
District Of Montana
Missoula
Respondents.
United States Magistrate Judge R. Keith Strong entered Findings and
Recommendations on August 25,2014 recommending that Petitioner's motion to
proceed in forma pauperis be denied and that Petitioner be ordered to pay the
$5.00 filing fee. Petitioner did not timely object to the Findings and
Recommendations, 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). 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). There is no clear error in Judge Strong's Findings and
Recommendations.
There is no clear error in Judge Strong's finding that Shepherd is able to pay
the $5.00 filing fee for his petition. This Court received payment of Shepherd's
$5.00 fee on August 29,2014.
Accordingly, IT IS ORDERED that Judge Strong's Findings and
Recommendations (doc. 5) are ADOPTED.
IT IS FURTHER ORDERED that Petitioners's Motion for Leave to Proceed
in forma pauperis (doc. 2) is DENIED.
~
Dated this l i day of September, 2
Dana L. Christensen, Chief Jud e
United States District Court
-2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?