Flores v. United States Attorney General et al

Filing 7

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 5 in full. Motion to Proceed in Forma Pauperis 1 is DENIED. This matter is frivolous and DISMISSED with prejudice. Signed by Judge Dana L. Christensen on 1/14/2016. Mailed to Flores. (TAG, )

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

CV 15-91-H-DLC-JTJ

ERIC FLORES,
Plaintiff,

ORDER
vs.

FILED

UNITED STATES ATTORNEY
GENERAL and FEDERAL BUREAU
OF INVESTIGATION,

JAN 1 4 2016
Clerk, U.S. District Court
District Of Montana
Missoula

Defendants.

United States Magistrate Judge John T. Johnston entered his Order,
Findings and Recommendations on October 21, 2015, recommending denying
Plaintiff Eric Flores's ("Flores") Motion to Proceed in Forma Pauperis and
dismissing this matter with prejudice. Flores failed to timely object to the
Findings and Recommendations, and so waived his right to de novo review of the
record. 28 U.S.C. § 636(b )(1 )(C). This Court reviews for clear error those
findings and recommendations to which no party objects. See McDonnell Douglas

Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981);
Thomas v. Arn, 474 U.S. 140, 149 (1985). Clear error exists if the Court is left
with a "definite and firm conviction that a mistake has been committed." United

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States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000) (citations omitted).
Having reviewed the Findings and Recommendations, the Court finds no
clear error in Judge Johnston's conclusion that Flores's complaint is irrational and
alleges complaints against the federal government that are fantastic, delusional,
and frivolous.
There being no clear error in Judge Johnston's Findings and
Recommendations, IT IS ORDERED that:
(1) Judge Johnston's Findings and Recommendations (Doc. 5) are
ADOPTED IN FULL.
(2) Flores's Motion to Proceed in Forma Pauperis (Doc. 1) is DENIED
(3) This matter is frivolous and DISMISSED with prejudice.
(4) The Clerk of Court is directed to close the case and enter
judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure.
( 5) The Clerk of Court is directed to discard any motion for
reconsideration or rehearing.
Dated this 14th day of January, 2016.

Dana L. Christensen, Chief istrict Judge
United States District Court

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