PERALES v. USA ET AL, No. 1:2011cv00468 - Document 5 (D. Me. 2012)
Court Description: ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE adopting Report and Recommended Decision re 4 Report and Recommendations for 2 Motion for Leave to Proceed in forma pauperis filed by AZAEL DYTHIAN PERALES. By JUDGE D. BROCK HORNBY. (mnw)
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UNITED STATES DISTRICT COURT DISTRICT OF MAINE AZAEL DYTHIAN PERALES, PETITIONER v. UNITED STATES ET AL., RESPONDENTS ) ) ) ) ) ) ) ) ) CIVIL NO. 1:11-CV-468-DBH ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE On December 30, 2011, the United States Magistrate Judge filed with the court, with copies to the petitioner, her Recommended Decision. The time within which to file objections expired on December 27, 2011, and no objection has been filed. The Magistrate Judge notified the petitioner that failure to object would waive his right to de novo review and appeal. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby ADOPTED. The petitioner s application to proceed in forma pauperis is DENIED and the petition is DISMISSED as frivolous. Continued filing of frivolous lawsuits in this jurisdiction will result in the imposition of sanctions. Accordingly, I place Azael Dythian Perales on NOTICE that filing restrictions may be in the offing. Cok v. Family Court of Rhode Island, 985 F.2d 32, 35 (1st Cir. 1993). This represents the cautionary order of which Cok speaks. Id. Groundless and inappropriate filings will not be tolerated. SO ORDERED. DATED THIS 13TH DAY OF JANUARY, 2012 /S/D. BROCK HORNBY D. BROCK HORNBY UNITED STATES DISTRICT JUDGE
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