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, ).

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.
§ 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.
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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

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