In re Wallace

Filing 5

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 4 in full. Wallace is not allowed to proceed in forma pauperis in this matter. The Clerk of Court is directed to close this case and enter judgment pursuant to Rule 5 8 of the Federal Rules of Civil Procedure if Wallace fails to pay the $400.00 filing fee within thirty days. Signed by Judge Dana L. Christensen on 9/6/2016. Mailed to Wallace. (TAG, )

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

In re

CV 16-51-H-DLC-JTJ

GREGORY L. WALLACE,
ORDER
Plaintiff.

FILED
SEP 0 6 201
6
Clerk, U.S District Court
District Of Montana
Missoula

United States Magistrate Judge John T. Johnston entered his Findings and
Recommendations on August 30, 2016, recommending denying Plaintiff Gregory
L. Wallace's ("Wallace") motion to proceed in forma pauperis. Wallace is not

entitled to object to the Findings and Recommendations. See Minetti v. Port of
Seattle, 152 F .3d 1113, 1114 (9th Cir. 1998) (providing that an application to
proceed in forma pauperis is not a nondispositive matter under 28 U.S.C. § 636
(b)(l)(A)). As a result, the Court reviews the Findings and Recommendations for
clear error. 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

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has been committed." United 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 Wallace is subject to the three
strikes provision of 28 U.S.C. § 1915(g) and fails to meet the "imminent danger of
serious physical injury" exception. Accordingly, the Court agrees with Judge
Johnston that Wallace's motion to proceed in forma pauperis should be denied.
As such, Wallace must pay the $400.00 filing fee required by 28 U.S.C. § 1914(a).
If Wallace fails to pay the filing fee within 30 days from the date of this Order, the

Clerk of Court will be instructed close this case and enter judgment in favor of
Defendants.
There being no clear error in Judge Johnston's Findings and
Recommendations, IT IS ORDERED that:
(1) Judge Johnston's Findings and Recommendations (Doc. 4) are
ADOPTED IN FULL.
(2) Wallace's motion to proceed in forma pauperis (Doc. 3) is DENIED.
The Clerk of Court is directed to close this case and enter judgment pursuant to
Rule 58 of the Federal Rules of Civil Procedure if Wallace fails to pay the $400.00
filing fee within thirty days.
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Dated this

f>"' day of September, 2 16.
Dana L. Christensen, Chief Ju ge
United States District Court

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