Sullivan v. Kohut et al

Filing 5

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 4 in full. 1 Motion for Leave to Proceed in forma pauperis filed by Curtis J. Sullivan is DENIED. The Clerk of Court is directed to terminate all pending motions and close the case. Signed by Judge Donald W. Molloy on 8/29/2011. Mailed to Sullivan. (TAG, )

FILED

AUG 2 9 2011
PATRICK E. DUFFY, CLERK
By

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DEPUTY CLERK, MISSOULA

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

HELENA DIVISION

CURTIS SULLIVAN,

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Plaintiff,
vs.
THE STATE OF MONTANA, et al.,
Defendants.

CV 11-34-H-DWM-RKS

ORDER

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Plaintiff Curtis Sullivan submitted a document to the Court on July 1, 2011.
The document was construed as a "Complaint" and lodged on July 7, 2011, along
with the filing of a Motion to Proceed in Forma Pauperis. United States
Magistrate Judge Keith Strong entered Findings and Recommendation on July 28,
2011, and recommended denying Mr. Sullivan's Motion to Proceed in Forma
Pauperis, terminating all pending motions, and closing the case. Plaintiff did not
timely object to the Findings and Recommendation, and so has waived the right to
de novo review of the record. 28 U.S.C. § 636(b)(1). This Court will review the
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Findings and Recommendation 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 422, 427 (9th Cir. 2000).
After a review of Judge Strong's Findings and Recommendation, I find no clear
error. Accordingly,
IT IS HEREBY ORDERED that Judge Strong's Findings and
Recommendation (dkt #4) are adopted in full. Sullivan's Motion to Proceed in
Forma Pauperis (dkt #1) is DENIED pursuant to 28 U.S.C. § 1915(g).
IT IS FURTHER ORDERED that no motions for reconsideration or
rehearing will be entertained and the Clerk of Court is directed to discard any such
motions.
The Clerk of Court is directed to terminate all pending motions and close
the case.

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Dated thisJ!![day of August, 2011,
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