Wallace v. CIA/BIA Corrections et al

Filing 8

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 6 in full. Wallace's motion toproceed in forma pauperis 1 is DENIED and this matter is DISMISSED. Signed by Judge Dana L. Christensen on 2/24/2015. Mailed to Wallace. (TAG, )

FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION

FEB 2 4 2015
Clerk, U.S District Court
District Of Montana
Missoula

CV 14-74-H-DLC-JTJ

GREGORY LYNN WALLACE,
Plaintiff,

ORDER
vs.

CIA/BIA CORRECTIONS, U.S.
B.O.P. WARDENS, PA MCGREEDY,
PA KOHUT, AND CCCS, INC.,
Defendants.

United States Magistrate Judge John T. Johnston entered his findings and
recommendations in this case on February 10, 2015, recommending denial of
Wallace's motion to proceed in forma pauperis and dismissal of his Complaint.
Judge Johnston based his recommendation on Wallace's failure to comply with a
December 30, 2014 court order directing him to submit a certified copy of his
prison trust account, pursuant to 28 U.S.C. § 1915(a)(2), within thirty days of the
date of the order. The Court agrees with and adopts Judge Johnston's findings and
recommendations, and finds that they contain no clear error. See McDonnell
Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir.

1981 ).
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On February 17, 2015, Wallace filed an incoherent document styled
"Appropriate Measures to Avoid Conflicts." (Doc. 7.) Though district courts
have a "duty to construe prose pleadings liberally, especially when filed by
prisoners," Shakur v. Schriro, 514 F.3d 878, 892 (9th Cir. 2008) (citations
omitted), the Court simply cannot construe the filing favorably considering its
contents, particularly in light of the Court's decision regarding in forma pauperis
status. Furthermore, Wallace is not entitled to any specific time period within
which to file objections to Judge Johnston's findings and recommendations. See

Minetti v. Port ofSeattle, 152 F.3d 1113, 1114 (9th Cir. 1998) (per curiam).
Accordingly, IT IS ORDERED that Judge Johnston's findings and
recommendations (Doc. 6) are ADOPTED IN FULL. Wallace's motion to
proceed in forma pauperis (Doc. 1) is DENIED and this matter is DISMISSED.
IT IS FURTHER ORDERED that the Clerk of Court shall CLOSE this case
and enter judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure.
DATED this

~

24

day of February,

Dana L. Christensen, Chief J dge
United States District Court

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