Blaskowski v. Centra Care Clinic Hospital, No. 1:2016cv00037 - Document 5 (D. Mont. 2016)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS in full; denying 1 Motion for Leave to Proceed in forma pauperis. Complaint 2 is DISMISSED without prejudice. Signed by Judge Susan P. Watters on 4/28/2016. Mailed to Blaskowski. (TAG, )

Download PDF
Blaskowski v. Centra Care Clinic Hospital Doc. 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONT ANA BILLINGS DIVISION FILED Cler~. U.S. District CouH District Of Montana B;llings ADAM BLASKOWSKI, CV 16-37-BLG-SPW Plaintiff, ORDER vs. CENTRACARE CLINIC HOSPITAL, Defendant. Plaintiff Adam Blaskowski filed a Motion to Proceed in Forma Pauperis and a proposed Complaint. (Docs. 1, 2). United States Magistrate Judge Carolyn Ostby entered Findings and Recommendations on April 13, 2016, in which she recommended that this Court deny Blaskowski's motion to proceed in forma pauperis and dismiss his Complaint for improper venue. (Doc. 3). Pursuant to 28 U.S.C. § 636(b)(l), Blaskowski had 14 days to file written objections after Judge Ostby's Findings and Recommendations were filed. On April 21, 2016, Blaskowski re-filed the Findings and Recommendations with ineligible words and what appears to be "the enforcement act" written on the back. (Doc. 4). This Court construes this filing as Blaskowski's objection and thus, he is entitled to de novo review of the Findings and Recommendations to which he 1 Dockets.Justia.com objects. After de novo review, this Court adopts Judge Ostby's Findings and Recommendations and denies his Motion to Proceed in Forma Pauperis and dismisses the Complaint. I. Discussion This Court construes Blaskowski's objection as arguing that Judge Ostby erred in determining that he failed to sufficiently plead proper venue. (Doc. 4). After reviewing Blaskowski's Complaint, this Court agrees with Judge Ostby that Blaskowski failed to state any basis for venue in Montana. See 28 U.S.C. § 139l(b). Because Blaskowski failed to properly plead venue, his case is dismissed. 28 U.S.C. § 1406(a); Costlow v. Weeks, 790 F.2d 1486, 1488 (9th Cir. 1986). II. Conclusion The Court finds no clear error. Accordingly, IT IS HEREBY ORDERED that: 1. Judge Ostby's Findings and Recommendations (Doc. 4) are ADOPTED IN FULL. 2. Blaskowski's Motion to Proceed in Forma Pauperis (Doc. 1) is DENIED. 3. Blaskowski's Complaint (Doc. 2) is DISMISSED without prejudice. 4. The Clerk of Court shall close this matter and enter judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. '-f/--DATED this~ day of April 2016. 2 i i' ,,t'. l.=-r..:.-r.,__ f? . {... ( ) SUSAN P. WATTERS United States District Judge 3 /_-77• ~,~

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.