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 14-259-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. ยง 1915(a)(2)
and that Raskiewicz's allegations are 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 o/Seattle, 152
F.3d 1113, 1114 (9th Cir. 1998) (per curiam). The Court adopts Judge Lynch's
Findings and Recommendation in full.
Raskiewicz alleges that he is exempt from incarceration because he has a
United States Army permanent contract with the Central Intelligence Agency
component. This claim does not raise any statutory or constitutional authority on
which relief may be granted. 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's CLOSED.
Dated this -;\ stay of October, 20
.
Dana L. Christensen, Chief Judge
United States District Court
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