Schmid v. Montana Supreme Court, No. 9:2010cv00009 - Document 4 (D. Mont. 2010)

Court Description: RECOMMENDATION AND ORDER ADOPTING FINDINGS AND RECOMMENDATIONS for 2 Motion for Leave to Proceed in forma pauperis filed by Richard Allen Schmid. Schmid's motion to proceed in forma pauperis is DENIED. Schmid may pay the full filing fee of � 36;350.00 within seven (7) days of the date of this Order. The Petition will be DISMISSED and the Clerk of Court will close the file if full payment of the filing fee is not received within ten (10) calendar days of the date of this Order. Any fee received out of time will be returned to Schmid. Signed by Judge Donald W. Molloy on 2/10/2010. Copy mailed to Schmid. (TAG, )

Download PDF
Schmid v. Montana Supreme Court Doc. 4 IN THE UNITED STATES DISTRICT COURT FILED FOR THE DISTRICT OF MONTANA MISSOULA DIVISION FEB, 0 2010 PATRICK E. DUFf), By ""DE""p""Ur""Y"Cl:-::E=RK'"""', RICHARD ALLEN SCHMID, Petitioner, vs. MONTANA SUPREME COURT, Respondent. ) ) ) ) ) ) ) ) ) Cause No. CV 10-9-M-DWM-JCL RECOMMENDATION AND ORDER On January 25,2010, Petitioner Richard Allen Schmid moved to proceed in forma pauperis with a petition for writ of mandamus directed to the Montana Supreme Court. Schmid asks this Court to order the Montana Supreme Court and the Eleventh Judicial District Court to "hear, consider, and then address the actual predicating issue" that he has asked them to consider. Pet. (doc. 1) at 2. "The federal courts are without power to issue writs of mandamus to direct state courts or their judicial officers in the performance of their duties." Clark y. State ofWashington, 366 F.2d 678,681 (9th Cir. 1966). Schmid's action is frivolous and wasteful of this Court's time, energy, and resources. RECOMMENDATION AND ORDER / PAGE 1 Dockets.Justia.com "A district court may deny leave to proceed in forma pauperis at the outset if it appears from the face of the proposed complaint that the action is frivolous or without merit." Tripati v. First Nat'l Bank & Trust, 821 F.2d 1368, 1370 (9th Cir. 1987). Schmid's motion to proceed in forma pauperis should be denied. If he fails to pay the $350.00 filing fee within seven calendar days, the action should be dismissed for failure to pay the filing fee. Schmid is not entitled to a ten-day period to object. Minetti v. Port of Seattle, 152 F.3d 1113, 1114 (9th Cir. 1998)(percuriam). This Order will be entered directly upon endorsement by the District Court. RECOMMENDATION The following Order should be issued by Judge Molloy. DATED this loth day of February, 2010. ahC. Lynch d States Magistrate Judge ORDER 1. The Recommendation of Judge Lynch is ADOPTED. 2. Schmid's motion to proceed in forma pauperis (doc. 2) is DENIED. RECOMMENDATION AND ORDER / PAGE 2 3. Schmid may pay the full filing fee of $350.00 within seven (7) days ofthe date of this Order. 4. The Petition (doc. I) will be DISMISSED and the Clerk of Court will close the file if full payment ofthe filing fee is not received within ten (10) calendar days of the date of this Order. Any fee received out oftime will be returned to Schmid. 5. If Schmid files a notice ofappeal and/or moves to proceed in forma pauperis on appeal, the Clerk of Court shall immediately advise him and the court of appeals, pursuant to Fed. R. App. P. 24(a)(4)(B), that this Court CERTIFIES the appeal is not taken in good faith. 6. No motions for reconsideration or rehearing will be entertained. The Clerk of Court is directed to discard any such motions. 7. If Schmid timely pays the full $350.00 filing fee, the Clerk of Court shall immediately so advise the Court. DATED this 1 d a y of February, 2010. RECOMMENDATION AND ORDER/PAGE 3

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.