Poulson v. Norco Medical Supply et al
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS for 13 Order. Signed by Judge Dana L. Christensen on 2/7/2017. (APP)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
KERMIT TY POULSON,
NORCO MEDICAL SUPPLY, and
HARRINGTON MEDICAL SUPPLY,
United States Magistrate Judge Jeremiah C. Lynch entered his Order,
Findings and Recommendation on January 31, 2017, recommending denial of
Plaintiff Kermit Poulson's ("Poulson") motion to proceed in forma pauperis in this
matter. Poulson is not entitled to object to the Findings and Recommendations.
See Minetti v. Port ofSeattle, 152 F.3d 1113, 1114 (9th Cir. 1998) (providing that
an application to proceed in forma pauperis is not a nondispositive matter under 28
U.S.C. § 636 (b)(l)(A)). As a result, the Court reviews the Findings and
Recommendation 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 omitted).
Having reviewed the Findings and Recommendation, the Court finds no
clear error in the conclusion that Poulson's motion to proceed in forma pauperis
should be denied and his federal claims be dismissed. The Court agrees with
Judge Lynch that 42 U.S.C. §§ 1997d and 1997e, the statutory provisions under
which Poulson brings his federal claims, are inapplicable to this action because
Poulson is not presently a prisoner. Further, the Court finds no clear in Judge
Lynch's finding that the claims brought under the Fourteenth Amendment should
also be dismissed because Defendants in this case are not state entities. Lastly, the
Court finds no clear error in the recommendation to decline to exercise
supplemental jurisdiction over Poulson's state law claims because his federal
claims lack merit.
Accordingly, there being no clear error in Judge Lynch's Findings and
Recommendation, IT IS ORDERED that:
(1) Judge Lynch's Findings and Recommendation (Doc.13) are ADOPTED
(2) Plaintiff Kermit Ty Poulson's request to proceed in forma pauperis
under 28 U.S.C. § 1915(a)(l) (Doc. 1) is DENIED, and this action is DISMISSED.
l #iday of February, 20
Dana L. Christensen, Chief Judge
United States District Court
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