Raskiewicz v. United States

Filing 4

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 3 in full. Raskiewicz's motion to proceed in forma pauperis 2 is DENIED. Signed by Judge Dana L. Christensen on 10/31/2014. Mailed to Raskiewicz. (TAG, )

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

MISSOULA DIVISION

JEREMY RASKIEWICZ,

CV 14-257-M-DLC

Plaintiff,

ORDER

vs.

UNITED STATES,

Defendants.

United States Magistrate Judge Jeremiah Lynch entered his Findings and
Recommendation on October 23,2014, recommending denial ofRaskiewicz's
motion to proceed in forma pauperis. Judge Lynch recommends denial based on
his findings that Raskiewicz's application is insufficient due to his failure to file a
copy of his inmate trust account statement as required by 28 U.S.C. § 1915(a)(2)
and that Raskiewicz's allegations are nonsensical and frivolous. Tripati v. First
Nat 'I Bank & Trust, 821 F.2d 1368 (9th Cir. 1987). "A district court may deny

leave to proceed in forma pauperis at the outset if it appears from the face of the
proposed complaint that the action is frivolous or without merit." Id. At 1370.
Raskiewicz is not entitled to a ten-day period to object. See Minetti v. Port of
Seattle, 152 F.3d 1113, 1114 (9th Cir. 1998) (per curiam). The Court adopts

Judge Lynch's Findings and Recommendation in full.
Raskiewicz's "Petition for Redress" (Doc. 1) appears to request immediate
release from detainment following notification of the President of the United
States, State agencies, and the public. He also appears to be requesting a
Veteran's identification card and full pension. These factual allegations do not
raise any statutory or constitutional authority that the Court is aware of that would
authorize the granting of relief. Raskiewicz has a history of filing repetitive,
frivolous lawsuits. It appears from the face of the proposed Complaint that this
action is also frivolous.
IT IS ORDERED that Judge Lynch's Findings and Recommendation (Doc.
3) are ADOPTED IN FULL. Raskiewicz's motion to proceed in forma pauperis
(Doc. 2) is DENIED. The Clerk of Court shall enter judgment in favor of
Defendants and against Plaintiff. This case i
Dated this

31 ~tday of October, 201

.

Dana L. Christensen, Chief J dge
United States District Court