Mendez v. Big International Criminal Organization et al

Filing 5

ORDER ADOPTING 4] FINDINGS AND RECOMMENDATIONS in full; denying 3 Motion for Leave to Proceed in forma pauperis. Signed by Judge Dana L. Christensen on 6/29/2012. Mailed to Mendez. (TAG, )

FILED

JUN 2 9 2012
PATRICK E. DUFFV. CLERK
By OEPUTY CLERK. MISSOULA

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

MISSOULA DIVISION

IV AN I. MENDEZ,

BIG INTERNATIONAL CRIMINAL
ORGANIZATION, et aI.,

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Defendants.

CV 12-93-M-DLC-JCL

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Plaintiff,
vs.

ORDER

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On June 21, 2012, Piaintiffivan I. Mendez, a prisoner in the State of
Delaware, applied to proceed injormapauperis with this action.
United States Magistrate Judge Jeremiah C. Lynch recommends denial of
Plaintiff Mendez's application to proceed injorma pauperis as barred by 28
U.S.C. § 1915(g), which prohibits injormapauperis actions by a prisoner who has
filed three or more previous groundless actions in federal court, unless the
prisoner can show he is under imminent danger of serious physical injury. Judge
Lynch noted that Plaintiff Mendez has filed more than seventy lawsuits in district
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courts across the country, many more than three or which have been dismissed as
frivolous and vexatious. Because there is nothing in the proposed complaint to
suggest that Plaintiff Mendez is in imminent danger of physical injury, Judge
Lynch recommends denial of the application to proceed in forma pauperis. Judge
Lynch further recommends that the Court decline to afford Plaintiff Mendez a
period of time in which to pay the filing fee.
This Court reviews the Findings and Recommendation 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).
The Court can find no clear error with Judge Lynch's Findings and
Recommendations (Doc. No.4) and therefore adopts them in full.
Accordingly, IT IS HEREBY ORDERED that Plaintiff Mendez's
application to proceed in forma pauperis (Doc. No.3) is DENIED pursuant to 28
U.S.C. § 1915(g). The Clerk of Court is directed to close the case file.

l-k

DATED this 2.q day of June, 2012.

Dana 1. Christensen, Di trict Judge
United States District Court
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