Robinson v. Frakes

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATION re 16 Objections to Report and Recommendation filed by Gregory S Robinson. The Report and Recommendation (Dkt. 14 ) IS ADOPTED. Petitioner's application to proceed in forma pauperis is DENIED AS MOOT. Signed by Judge Robert J. Bryan. (JL) Paper copy sent to plaintiff @ MCC address . Modified on 5/31/2011 (JL).

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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GREGORY S. ROBINSON,
Petitioner,

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ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
SCOTT FRAKES,
Respondent.

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CASE NO. 11-5302 RJB/KLS

This matter comes before the Court on the Report and Recommendation of U.S.

17 Magistrate Judge Karen L. Stombom. Dkt. 14. The Court has reviewed the Report and
18 Recommendation, objections, and the remaining record.
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The Report and Recommendation recommends denial of Petitioner’s motion to proceed

20 in forma pauperis because Petitioner has already paid his filing fee. Dkt. 14. Petitioner objects,
21 and argues that although he has paid his filing fee, he will not be able to pay for other expenses
22 in his case. Dkt. 16.
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Under 28 U.S.C. § 1915(a)(1), a court may allow an indigent litigant to proceed with a

24 civil action without paying a filing fee where certain conditions are met. Petitioner fails to point
ORDER ADOPTING REPORT AND
RECOMMENDATION- 1

1 to any authority to support his argument that a grant of in forma pauperis status entitles him to
2 not having to pay other expenses of litigation. Petitioner here has paid the filing fee, and so his
3 motion is moot. The Report and Recommendation (Dkt. 14) should be adopted and his
4 application to proceed in forma pauperis should be denied.
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It is hereby ORDERED that:

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The Report and Recommendation (Dkt. 14) IS ADOPTED;

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Petitioner’s application to proceed in forma pauperis is DENIED AS MOOT.

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The Clerk is directed to send uncertified copies of this Order to U.S. Magistrate Judge

9 Karen L. Strombom, all counsel of record and to any party appearing pro se at said party’s last
10 known address.
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Dated this 31st day of May, 2011.

A

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ROBERT J. BRYAN
United States District Judge

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ORDER ADOPTING REPORT AND
RECOMMENDATION- 2