Huffine v. McGrath et al
Filing
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ORDER ADOPTING 4 FINDINGS AND RECOMMENDATIONS in full. The 3 Motion for Leave to Proceed in forma pauperis is DENIED, and the Clerk is directed to close the case file. Signed by Judge Dana L. Christensen on 6/22/2012. Mailed to Huffine. (TAG, )
FILED
JUN 2 2 2012
:ATRiCK E. DUFFY, CLERK
D!:Pt.rtY CLERK, MlSSO!JtA
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
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Plaintiff,
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vs.
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MIKE MCGRATH, STEVE BULLOCK, )
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Defendants.
_ .... _ - - - - - - - - - - )
LEWIS ELDON HUFFINE,
CV 12-38-H-DLC-RKS
ORDER
On May 3, 2012, Plaintiff Lewis Eldon Huffine, an inmate at Montana State
Prison, applied to proceed informa pauperis with this action. He contends the
defendants have violated his state and federal constitutional rights by failing to tile
his pro se pleadings in the courts ofthe State of Montana.
United States Magistrate Judge Keith Strong recommends denial ofPlaintiff
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Huffine's application to proceed infonna pauperis as barred by 28 U.S.C. §
1915(g), which prohibits in forma pauperis actions by a prisoner who has filed
three or more previous groundless actions in federal court, unless the prisoner can
show he is under imminent danger of serious physical injury. Judge Strong noted
that Plaintiff Huffine has filed more than three frivolous and vexatious lawsuits in
the federal courts, including two previous actions in this District. Because there
is nothing in the proposed complaint to suggest that Plaintiff Huffine is in
imminent danger of physical injury, Judge Strong recommends denial of the
application to proceed in forma pauperis. Judge Strong further recommends that
the Courtdecline to afford Plaintiff Huffine a period of time in which to pay the
filing fee.
This Court reviews the 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).
The Court can find no clear error with Judge Strong's Findings and
Recommendations (Doc. No.4) and therefore adopts them in full.
Accordingly, IT IS HEREBY ORDERED that Plaintiff Huffine's
application to proceed informa pauperis (Doc. No.3) is DENIED pursuant to 28
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u.s.C. § 1915(g). The Clerk of Court is directed to close the case file.
DATED this
Zl.-fay of June, 2012.
Dana L. Christensen, District udge
United States District Court
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