Yellen v. Boyd Gaming Corporation et al

Filing 7

ORDER that the report and recommendation of United States Magistrate Judge Peggy A. Leen 4 is AFFIRMED in its entirety. Plaintiff Mike Yellens motion/application to proceed in forma pauperis 3 is DENIED. Signed by Judge James C. Mahan on 4/7/11. (Copies have been distributed pursuant to the NEF - ECS)

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-GWF Yellen v. Boyd Gaming Corporation et al Doc. 7 1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 James C. Mahan U.S. District Judge MIKE YELLEN, Plaintiff, v. BOYD GAMING, Defendant. 2:10-CV-1976 JCM (PAL) ORDER Presently before the court is the report and recommendation of United States Magistrate Judge Peggy A. Leen. (Doc. #4). Plaintiff Mike Yellen filed an opposition. (Doc. #5). Upon reviewing plaintiff's second motion/application to proceed in forma pauperis (doc. #3), Judge Leen filed a report and recommendation (doc. #4), recommending that plaintiff's application to proceed in forma pauperis (doc. #3) be denied. In the plaintiff's opposition, he states that "[t]he only expense that was noted was [p]laintiff's insurance payment," and that "[t]here is an additional cost of $1,300.00 that was not taken into consideration." (Doc. #5). Plaintiff claims that "[t]here are other cost [sic] that are paid, but not each month; i.e. toothpaste, toilet paper, cleaning items, items to wash cloths [sic], dog and bird food, hygiene items, clothes, paper, pens. Plaintiff did not add these cost [sic], as they vary from time to time, and are not paid each month, yet are expenses that must be incurred by [p]laintiff." Id. Plaintiff has failed to show the court why his motion/application to proceed in forma Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 pauperis should be granted. First, plaintiff failed to include this sum in section six1 of his application (doc. #3) under "other regular monthly expenses." Second, even if the court considers these to be "regular monthly expenses," the items listed do not support a sum of $1,300.00 a month. As plaintiff has failed to provide any legal justification to support his opposition, the court is inclined to affirm Judge Leen's report and recommendation. (Doc. #4) Upon review of the magistrate judge's finding and recommendation (doc. #4) and plaintiff's objection to the report and recommendation (doc. #5), IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the report and recommendation of United States Magistrate Judge Peggy A. Leen (doc. #4) is AFFIRMED in its entirety. IT IS FURTHER ORDERED that plaintiff Mike Yellen's motion/application to proceed in forma pauperis (doc. #3) be, and the same hereby is, DENIED. DATED April 7, 2011. UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 James C. Mahan U.S. District Judge Section six of the motion/application asks the plaintiff to provide the court with "[a]ny housing, transportation, utilities, or loan payments, or other regular monthly expenses (describe and provide the amount of the monthly expense)." (Doc. #3) (emphasis supplied). Plaintiff listed only "[g]as & electric $200.00; [f]ood $300.00; [h]ousing [e]xpense $800.00." Id. -2- 1

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