Talley v. Houser

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Benjamin H. Settle re 8 Objections to Report and Recommendation filed by Jerome Talley. Motions terminated: 6 MOTION to Consolidate Cases filed by Jerome Talley, 9 MOTION for Default Judgment filed by Jerome Talley. Plaintiff to pay filing fee by 1/1/2016 and no new motion may be noted on the Court's calendar until the filing fee is paid. (TG; cc mailed to plaintiff)

1
2
3
4
5

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

6
7

JEROME TALLEY,

8
9
10

Plaintiff,

CASE NO. C15-5589 BHS
ORDER ADOPTING REPORT
AND RECOMMENDATION

v.
WILLIAM C. HOUSER,

11

Defendant.

12
13

This matter comes before the Court on the Report and Recommendation (“R&R”)

14 of the Honorable David W. Christel, United States Magistrate Judge (Dkt. 7), and
15 Plaintiff Jerome Talley’s (“Talley”) objections to the R&R (Dkt. 8).
16

On October 1, 2015, Judge Christel issued the R&R recommending that the Court

17 deny Tally’s motion to proceed in forma pauperis because he has at least three prior
18 strikes and fails to show that he is in imminent danger of serious bodily injury. Dkt. 7.
19 On October 13, 2015, Talley filed objections arguing the merits of his complaint. Dkt. 8.
20

The district judge must determine de novo any part of the magistrate judge’s

21 disposition that has been properly objected to. The district judge may accept, reject, or
22

ORDER - 1

1 modify the recommended disposition; receive further evidence; or return the matter to the
2 magistrate judge with instructions. Fed. R. Civ. P. 72(b)(3).
3

In this case, Talley fails to show that Judge Christel’s conclusions are erroneous.

4 Talley has three strikes against him and fails to even allege serious bodily injury.
5 Therefore, the Court having considered the R&R, Talley’s objections, and the remaining
6 record, does hereby find and order as follows:
7

(1)

The R&R is ADOPTED;

8

(2)

Talley’s motion to proceed in forma pauperis is DENIED;

9

(3)

Talley must pay the filing fee by January 1, 2016 or this action will be

10
11

DISMISSED;
(4)

12
13

may be renoted if Talley pays the filing fee; and
(5)

14
15

Talley’s other motions (Dkt. 6 & 9) are DENIED without prejudice and

Any new motion filed by Talley shall not be noted on the Court’s calendar
unless the filing fee has been paid.

Dated this 23rd day of November, 2015.

A

16
17

BENJAMIN H. SETTLE
United States District Judge

18
19
20
21
22

ORDER - 2