Huffine v. McGrath et al

Filing 5

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, )

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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 ) ) Plaintiff, ) ) ) vs. ) MIKE MCGRATH, STEVE BULLOCK, ) ) ) 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 -1­ 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 ·2· 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 -3­

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