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 11/4/2014. Mailed to Raskiewicz. (TAG, )

FILED

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

JEREMY RASKIEWICZ,

NOV 04 2014
Clerk, u.s. District Court
District Of Montana
Missoula

CV 14-258-M-DLC-JCL

Plaintiff,
ORDER
vs.
UNITED STATES,
Defendant.
United States Magistrate Judge Jeremiah Lynch entered his findings and
recommendation in this case on October 23, 2014, recommending denial of
Plaintiffs motion to proceed in forma pauperis and dismissal of Plaintiffs
complaint. Judge Lynch recommended denial because: (a) Plaintiffs application
was insufficient due to his failure to file a copy of his inmate trust account
statement, pursuant to 28 U.S.C. § 1915(a)(2); and (b) Plaintiffs allegations were
nonsensical and frivolous. For the reasons stated below, the Court adopts Judge
Lynch's Findings and Recommendation in full.
"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." Tripati v. First Natl. Bank & Trust, 821 F.2d 1368, 1370 (9th Cir.
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1987). Raskiewicz's "Petition for Redress" (Doc. 1) seeks release from all
detainment, full access to his Army pension, social security full retirement
benefits, bonus pay from the United States Army, a contract with the Central
Intelligence Agency, his Army Veteran identification, full contract benefits, spy
status, and exemption from prosecution. Judge Lynch found no statutory or
constitutional authority for granting Plaintiff the relief he requested. Judge Lynch
also found, and this Court agrees, that Raskiewicz has a history of filing repetitive,
frivolous lawsuits, that it appears from the face of the complaint that this action
simply adds to that history, and that, consequently, Raskiewicz should not be
afforded an opportunity to pay the filing fee in this case.
Raskiewicz is not entitled to any specific time period within which to file
objections to Judge Lynch's findings and recommendation. See Minetti v. Port of

Seattle, 152 F.3d 1113, 1114 (9th Cir. 1998) (per curiam).
Accordingly, 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.
IT IS FURTHER ORDERED that the Clerk of Court shall enter judgment in
favor of Defendant and against Plaintiff. This case is CLOSED.

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DATED this

4tlt day of November, 2014.

Dana L. Christensen, Chief Judge
United States District Court

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