Godfrey v. United States of America
ORDER ADOPTING 7 FINDINGS AND RECOMMENDATIONS in full; denying 8 Motion. Any appeal of this decision would not be taken in good faith. Signed by Judge Dana L. Christensen on 3/20/2017. Mailed to Godfrey. (TAG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
TRACEY R. GODFREY,
MARZ 0 2017
Clerk, U.S. District Court
District Of Montana
UNITED STATES OF AMERICA,
United States Magistrate Judge Jeremiah C. Lynch entered findings and
recommendations in this case on February 23, 2017, recommending that Plaintiff
Tracey Godfrey's ("Godfrey") complaint be dismissed. Godfrey did not object to
the findings and recommendations, and so has waived the right to de novo review
thereof. 28 U.S.C. § 636(b)(1 )(C). This Court reviews for clear error those
findings and recommendations to which no party objects. 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 omitted).
Having reviewed the findings and recommendations, the Court finds no
clear error in Judge Lynch's conclusion. Godfrey's complaint fails to state a claim
upon which relief may be granted, the claim is barred under judicial immunity, and
the complaint is frivolous because it is predicated upon his criminal sentence that
the Court has already ruled on in his previous habeas petitions.
On March 8, 2017, Godfrey filed a motion to refund his filing fee. (Doc. 8).
Godfrey contends that because the Court is not going to allow him to pursue his
claim, the filing fee must be refunded. However, 28 U.S.C. § 1915 requires that a
prisoner who brings a civil action in forma pauperis pay the full amount of the
filing fee. As Godfrey was granted leave to proceed in forma pauperis, he must be
charged the filing fee.
Accordingly, IT IS ORDERED that Judge Lynch's Findings and
Recommendations (Doc. 7) are ADOPTED IN FULL. This case is DISMISSED.
IT IS FURTHER ORDERED that Plaintiff Godfrey's Motion to Refund
Filing Fee (Doc. 8) is DENIED.
IT IS FURTHER ORDERED that the Clerk of Court shall CLOSE this
matter and enter judgment pursuant to Rule 58 of the Federal Rules of Civil
Procedure. The Clerk of Court is also directed to have the docket reflect that the
Court certifies pursuant to Rule 24(a)(3)(A) of the Federal Rules of Appellate
Procedure that any appeal of this decision would not be taken in good faith.
#. of March, 2017.
Dana L. Christensen, Chief Judge
United States District Court
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