Hunter v. Smith

Filing 7

ORDER ADOPTING 6 FINDINGS AND RECOMMENDATIONS; denying 1 Motion for Leave to Proceed in forma pauperis. Complaint 2 DISMISSED. Signed by Judge Dana L. Christensen on 8/7/2015. Mailed to Hunter. (TAG, )

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

AUG 0 7 2015
Cler~. lJ.S. District Court
Drstnct Of Montana
Missoula

CV 15-36-H-DLC-JTJ

MICHAEL W. HUNTER,
Plaintiff,

ORDER
vs.
ED SMITH,
Defendant.
United States Magistrate Judge John T. Johnston entered his findings and
recommendations in this case on June 22, 2015, recommending denial of Plaintiff
Michael Hunter's motion to proceed informa pauperis and dismissal of this case.
Hunter 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. § 636(b)(l). 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). 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). For
the reasons explained below, the Court adopts Judge Johnston's findings and
recommendations in full.
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Judge Johnston found, and this Court agrees, that Hunter's motion to
proceed in forma pauperis should be denied and his Complaint dismissed for
failing to comply with a May 12, 2015 order directing him to submit a statement of
his prison trust account, as required by 28 U.S.C. § 1915(a)(2). Judge Johnston's
order made clear that Hunter had until June 8, 2015 to file an amended complaint,
and until June 12, 2015 to file the account statement. The docket in this case
reveals that Hunter did neither.
Accordingly, IT IS ORDERED that Judge Johnston's findings and
recommendations (Doc. 6) are ADOPTED IN FULL. Plaintiff Hunter's motion to
proceed in forma pauperis (Doc. 1) is DENIED, and his Complaint (Doc. 2) is
DISMISSED. The Clerk of Court shall CLOSE this matter and enter judgment
pursuant to Rule 58 of the Federal Rules of Civil Procedure.
~

DATED this 3:_ day of August, 20 5.

Dana L. Christensen, Chief Judge
United States District Court

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