Baugus v. Brey et al

Filing 4

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 3 in full. Baugus is not allowed to proceed in forma pauperis in this matter. TheClerk of Court is directed to close this case and enter judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure if Baugus fails to pay the filing fee within thirty days of Judge Lynch's Findings and Recommendations, issued onJanuary 26, 2016. Signed by Judge Dana L. Christensen on 2/25/2016. Mailed to Baugus. (TAG, )

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

JACKSON BRYANT BAUGUS,

FEB 25 2016
Clerk, U.S Courts
District Of Montana
Missoula Division

CV 16-13-M-DLC-JCL

Plaintiff,
ORDER
vs.
ARNIE BREY and MARY LOU
BREY,
Defendants.
United States Magistrate Judge Jeremiah C. Lynch entered his Findings and
Recommendations on January 26, 2016, recommending closing this case if
Plaintiff Jackson Baugus's ("Baugus") has not paid the filing fee within thirty
days. Baugus was not entitled to object to the Findings and Recommendations.
See Minetti v. Port ofSeattle, 152 F.3d 1113, 1114 (9th Cir. 1998). As a result,

this Court reviews the Findings and Recommendations for clear error. See
McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 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

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omitted).
Having reviewed the Findings and Recommendations, the Court finds no
clear error in Judge Lynch's conclusion that Baugus has failed to pay the filing fee
in this matter and is most likely subject to the three strikes provision of 28 U.S.C.

§ 191 S(g). Because the filing fee has still not been paid, the Court will adopt the
recommendation that this matter be dismissed if Baugus fails to pay the filing fee
within thirty days of Judge Lynch's Findings and Recommendations.
There being no clear error in Judge Lynch's Findings and
Recommendations, IT IS ORDERED that:
(1) Judge Lynch's Findings and Recommendations (Doc. 3) are ADOPTED
IN FULL.
(2) Baugus is not allowed to proceed in forma pauperis in this matter. The
Clerk of Court is directed to close this case and enter judgment pursuant
to Rule 58 of the Federal Rules of Civil Procedure if Baugus fails to pay the filing
fee within thirty days of Judge Lynch's Findings and Recommendations, issued on
January 26, 2016.

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Dated this

2.5#1day of February, 2

1 .

Dana L. Christensen, Chief Ju ge
United States District Court

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