Flores v. United States Attorney General et al
Filing
6
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 5 in full. 1 Motion for Leave to Proceed in forma pauperis DENIED. Signed by Judge Dana L. Christensen on 6/11/2015. Mailed to Flores. (TAG, )
FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
JUN 11 2015
Clerk, U.S. District Court
District Of Montana
Missoula
CV 15-32-H-DLC-JTJ
ERIC FLORES,
Plaintiff,
ORDER
vs.
UNITED STATES ATTORNEY
GENERAL, and FEDERAL BUREAU
OF INVESTIGATION
Defendants.
United States Magistrate Judge John T. Johnston entered his order, findings,
and recommendations in this case on April 27, 2015, denying Plaintiff Flores'
motion to transfer, recommending denial of his motion to proceed in forma
pauperis, and recommending dismissal of this case. Flores failed to timely object
to the findings and recommendations, and so waived the right to de nova review of
the record. 28 U.S.C. ยง 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). The Court adopts Judge Johnston's findings and
recommendations in full.
Judge Johnston found, and this Court agrees, that Flores' claims consist
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entirely of fantastic and illogical accusations against the federal government. The
contents of the Complaint, coupled with Flores' long and geographically far-flung
history of frivolous court filings, compels a conclusion that this action is frivolous,
meritless, and appropriate for dismissal. See Denton v. Hernandez, 504 U.S. 25,
33 (1992).
Accordingly, IT IS ORDERED that Judge Johnston's findings and
recommendations (Doc. 5) are ADOPTED IN FULL. Plaintiff Flores' motion to
proceed in forma pauperis (Doc. 1) is DENIED. The Clerk of Court shall CLOSE
this matter and enter judgment pursuant to Rule 58 of the Federal Rules of Civil
Procedure.
IT IS FURTHER ORDERED that the Clerk of Court shall discard any
motion for reconsideration or rehearing.
~
DATED this _l_l_day of June, 2015
'
Dana L. Christensen, Chief Judge
United States District Court
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