Unpublished Disposition, 908 F.2d 977 (9th Cir. 1990)

MEMORANDUM^** 

Anant Kumar Tripati is a federal prisoner incarcerated at the Federal Corrections Institute (FCI) in La Tuna, Texas. He appeals the district court's denial of his motion to proceed in forma pauperis.

Tripati's motion for leave to proceed in forma pauperis in the district court was referred to a magistrate who recommended the motion be denied because venue was improper. The district court adopted the magistrate's recommendation 3 days after it was submitted.

Tripati argues the district court failed to afford him 10 days to object to the magistrate's recommendation pursuant to 28 U.S.C. § 636(b) (1) ("Within ten days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations"). The district court, however, need not afford the parties the full amount of time allotted in the statute. Ten days is a maximum not a minimum. United States v. Barney, 568 F.2d 134, 136 (9th Cir. 1978) (court need not give party full ten days to respond). Moreover, the court's denial of the motion does not effectively preclude Tripati from filing his complaint. He may file a motion to proceed in forma pauperis in the district in which venue is appropriate and if granted proceed with his case in that district.

Tripati also argues that the district court must be reversed because the case was assigned to District Judge Real in violation of General Order 224 which requires the court to provide random assignment of cases. This argument is meritless. Other than Tripati's own allegation, there is no evidence that the district court failed to abide by the appropriate General Orders.

The district court's order is, therefore, AFFIRMED.