Tingley v. State Of California et al

Filing 5

ORDER adopting and accepting 3 Report and Recommendation; granting 1 IFP application; directing Clerk to file the 1 -1 complaint; dismissing complaint without prejudice and without leave to amend. The full filing fee remains due. NDOC to pay Clerk from inmate account. Signed by Judge Larry R. Hicks on 3/13/2015. (Copies have been distributed pursuant to the NEF; copy also sent to NDOC Chief of Inmate Services - KR)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8

*****

9
10
11
12
13

ADAM WYNN TINGLEY,

)
)
Plaintiff,
)
)
v.
)
)
STATE OF CALIFORNIA, et al.,
)
)
Defendants.
)
_____________________________________ )

3:14-cv-00592-LRH-VPC
ORDER

14
15

Before this Court is the Report and Recommendation of U.S. Magistrate Judge Valerie P.

16

Cooke (#31) entered on January 20, 2015, recommending granting plaintiff’s application to proceed

17

in forma pauperis (#1) and dismissing the complaint (#1-1) without prejudice, without leave to amend.

18

Plaintiff filed his Objections to Magistrate Judges Report and Recommendation (#4) on February 5,

19

2015. Defendants have not been served. This action was referred to the Magistrate Judge pursuant to

20

28 U.S.C. § 636(b)(1)(B) and Local Rule 1B 1-4 of the Rules of Practice of the United States District

21

Court for the District of Nevada.

22

The Court has conducted its de novo review in this case, has fully considered the objections of

23

the Plaintiff, the pleadings and memoranda of the parties and other relevant matters of record pursuant

24

to 28 U.S.C. § 636(b)(1)(B) and Local Rule IB 3-2. The Court determines that the Magistrate Judge’s

25

Report and Recommendation (#3) entered on January 20, 2015, should be adopted and accepted.

26
1

Refers to court’s docket number.

1

IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and Recommendation (#3)

2

entered on January 20, 2015, is adopted and accepted, and plaintiff’s application to proceed in forma

3

pauperis (#1) is GRANTED.
IT IS FURTHER ORDERED that this order granting in forma pauperis status does not extend

4
5

to the issuance of subpoenas at government expense.

6
7
8
9

IT IS FURTHER ORDERED that the Clerk of the Court shall detach and FILE the complaint
(#1-1).
IT IS FURTHER ORDERED that plaintiff’s complaint (#1-1) is DISMISSED without
prejudice, without leave to amend.

10

IT IS FURTHER ORDERED that the full filing fee remains due, pursuant to 28 U.S.C. § 1915.

11

IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. § 1915(b), the Nevada Department

12

of Corrections shall pay to the Clerk of the United States District Court, District of Nevada, 20% of

13

the preceding month’s deposits to the account of Adam Wynn Tingley, Inmate No. 80020 (in months

14

that the account exceeds $10.00) until the full $350 filing fee has been paid for this action. The Clerk

15

of the Court shall send a copy of this order to the attention of the Chief of Inmate Services for the

16

Nevada Department of Corrections, P.O. Box 7011, Carson City, NV 89702.

17

IT IS SO ORDERED.

18

DATED this 13th day of March, 2015.

19

_______________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

20
21
22
23
24
25
26

2