Ellsworth v. Consolidated City-County Government of Missoula, Montana et al

Filing 10

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 9 in full; denying 1 Motion for Leave to Proceed in forma pauperis. Case DISMISSED WITHOUT PREJUDICE. Signed by Judge Dana L. Christensen on 2/10/2016. Mailed to Ellsworth. (TAG, ) Modified on 2/11/2016 to correct signing date (TAG, ).

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FILED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION MICHAEL DEAN ELLSWORTH, II, FEB 11 2016 Clerk, u.s District Court District Of Montana Missoula CV 16-08-M-DLC-JCL Plaintiff, ORDER vs. CONSOLIDATED CITY-COUNTY GOVERNMENT OF MISSOULA, MONTANA; and UNITED STATES, Defendants. United States Magistrate Judge Jeremiah C. Lynch entered findings and recommendations in this case on February 8, 2016, recommending denial of Plaintiff Michael Dean Ellsworth's ("Ellsworth") motion to proceed informa pauperis and dismissal of his case without prejudice. Ellsworth is not entitled to file written objections to Judge Lynch's recommendations pursuant to 28 U.S.C. ยง 636(b). See Minetti v. Port of Seattle, 152 F.3d 1113, 1114 (9th Cir. 1998) ("[the plaintiff] was not entitled to file written objections to the magistrate judge's recommendation that [his] application to proceed in forma pauperis be denied") (per curiam). This Court reviews for clear error those findings and recommendations to which no party objects. See McDonnell Douglas Corp. v. -1- Commodore Bus. Mach., Inc., 656F.2d1309, 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 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 Lynch's conclusion that, because Ellsworth may not remove his own state court actions to federal court, the Court lacks jurisdiction. Accordingly, IT IS ORDERED that Judge Lynch's findings and recommendations (Doc. 9) are ADOPTED IN FULL. Ellsworth's motion to proceed informa pauperis (Doc. 1) is DENIED, and this case is DISMISSED WITHOUT PREJUDICE. DATED this I 0-k,day of February, 16. Dana L. Christensen, Chief Judge United States District Court -2- ..L

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