McClanahan v. Kirkegard et al

Filing 5

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL; denying 1 Motion for Leave to Proceed in forma pauperis. 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 if Mr. McClanahan fails to pay the filing fee of $400.00 within 30 days of this Order denying his motion to proceed in forma pauperis. Signed by Judge Dana L. Christensen on 9/17/2015. Mailed to McClanahan. (NOS, )

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

CV 15-69-H-DLC-JTJ

SHANE McCLANAHAN,
Plaintiff,

ORDER
vs.
LEROY KIRKEGARD, et al.,
Defendants.

United States Magistrate Judge John T. Johnston entered his Findings and
Recommendations on August 17, 2015, recommending denial ofPetitioner Shane
McClanahan's motion to proceed in forma pauperis. Judge Johnston recommends
denial of McClanahan's motion based on his finding that McClanahan failed to
submit a certified copy of his prison trust account as required by 28 U.S.C. §
1915(a)(2). McClanahan is not entitled to any specific objection period. See

Minetti v. Port ofSeattle, 152 F.3d 1113, 1114 (9th Cir. 1998) (per curiam). The
Court agrees with and adopts Judge Johnston's Findings and Recommendations in
full, 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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McClanahan submitted a proposed complaint and a motion to proceed in
forma pauperis on July 15, 2015 (Docs. 1, 2). On July 15, 2015, Judge Johnston
ordered that McClanahan submit a certified copy of his trust account within thirty
days. McClanahan did not submit the required documentation and his motion to
proceed in forma pauperis fails to meet the statutory requirements.
Accordingly, IT IS ORDERED that Judge Johnston's Findings and
Recommendations (Doc. 4) are ADOPTED IN FULL. McClanahan's motion to
proceed in forma pauperis (Doc. 1) is DENIED.
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 if
Mr. McClanahan fails to pay the filing fee of$400.00 within 30 days of this Order
denying his motion to proceed in forma pa
Dated this \

r ~ of September,
day

ris.
01 .

Dana L. Christensen, Chief Judge
United States District Court

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