King v. Gruber #204
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 4 in full; denying 1 Motion for Leave to Proceed in forma pauperis. Any appeal of this decision would not be taken in good faith. Signed by Judge Dana L. Christensen on 5/16/2017. Mailed to King. (TAG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
United States Magistrate Judge Jeremiah C. Lynch entered his Order,
Findings and Recommendations on April 13, 2017, recommending denial of
Plaintiff Justin King's ("King") motion to proceed in forma pauperis and
dismissal of this matter. King failed to timely object to the Findings and
Recommendations, and so waived his right to de novo review of the record. 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 ifthe 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). Because the parties
are familiar with the facts of this case, they will not be repeated here.
Having reviewed the Findings and Recommendations, the Court finds no
clear error in Judge Lynch's conclusion that this matter should be dismissed and
the motion to proceed in forma pauperis be denied. King failed to respond or
otherwise comply with Judge Lynch's February 15, 2017 order (Doc. 3) which
required King to notify the Court if he desired to pursue this matter in federal
court. Because King failed to file a response, the Court agree's with Judge Lynch
that the factors discussed in Ferdikv. Bonzelet, 963 F.2d 1258, 1260 (9th Cir.
1992), weigh in favor of dismissal.
Accordingly, there being no clear error in Judge Lynch's Findings and
Recommendations, IT IS ORDERED that:
(1) Judge Lynch's Findings and Recommendations (Doc. 4) are ADOPTED
(2) King's Motion to Proceed in Forma Pauperis (Doc. 1) is DENIED and
this matter is DISMISSED pursuant to Rule 4l(b) of the Federal Rules of Civil
Procedure. The Clerk of Court is directed to close the case and enter judgment
pursuant to Rule 58 of the Federal Rules of Civil Procedure.
(3) The Clerk of Court is 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.
~ay of May, 2017.
Dated this liL_
Dana L. Christensen, Chief Judge
United States District Court
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