Wonsch v. Smart Communications US Inc et al
ORDER ADOPTING REPORT AND RECOMMENDATION for 9 Report and Recommendation. Having reviewed the Report, and having considered plaintiffs objections de novo, the objections are DENIED. The Report is ACCEPTED, ADOPTED and AFFIRMED. As recommended in the Report, this action is DISMISSED without prejudice to refiling. This dismissal MOOTS the pending motions for leave to proceed in forma pauperis (doc. nos. 8, 6), which are STRICKEN. Signed by Honorable Stephen P. Friot on 5/17/17. (kr)
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
ROBERT V. WONSCH,
-vsSMART COMMUNICATIONS, US,
INC., et al.,
Case No. CIV-17-0342-F
Plaintiff Robert V. Wonsch, a prisoner appearing pro se whose pleadings are
liberally construed, filed this civil rights action seeking relief from a number of
defendants. In the Report and Recommendation of May 10, 2017 (doc. no. 9, the
Report), the magistrate judge recommended dismissal of this action without
prejudice based on her conclusion that plaintiff’s application to proceed in forma
pauperis failed to disclose all deposits to his institutional account, and failed to
describe each source for those deposits which the Report describes as a significant
Plaintiff objects (doc. no. 10) to the entirety of the Report. Accordingly, the
Report has been reviewed de novo.
The primary basis of plaintiff’s objection is his contention that he did not lie
in his application to proceed in forma pauperis. He explains that he did not have
legal assistance and that he did not understand the nature of the information called
for in the application.
The Report indicates that omission of the required information is significant,
and that without the requisite disclosures the court cannot determine whether a
source of money could satisfy plaintiff’s filing fee, fully or in part. The Report states
that “it is difficult to conceive of any reason for [plaintiff’s] misinterpretation” of
the questions on the ifp application form, given the circumstances presented here.
The Report does not, however, state that plaintiff “lied,” per se. In fact, the Report
states that the issue is not whether plaintiff intended to deceive the court. Doc. no.
9, p. 5 of 7.
No matter how the failures to fully disclose sources of money are
characterized, the court concludes that the Report should be adopted in its entirety.
The court also finds that in light of the detailed Report, no purpose would be served
by any additional discussion here.
Having reviewed the Report, and having considered plaintiff’s objections de
novo, the objections are DENIED. The Report is ACCEPTED, ADOPTED and
AFFIRMED. As recommended in the Report, this action is DISMISSED without
prejudice to refiling. This dismissal MOOTS the pending motions for leave to
proceed in forma pauperis (doc. nos. 8, 6), which are STRICKEN.
IT IS SO ORDERED this 17th day of May, 2017.
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