Wheeler v. United States et al, No. 1:2012cv00541 - Document 8 (E.D. Cal. 2012)
Court Description: ORDER signed by Chief Judge Anthony W. Ishii on 7/17/2012 adopting in part 4 FINDINGS AND RECOMMENDATIONS; denying 2 Motion to Proceed IFP and dismissing 1 Complaint with leave to amend. Amended Complaint due by 8/20/2012.(Lundstrom, T)
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Wheeler v. United States et al Doc. 8 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT FOR THE 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 JOHN FREDERICK WHEELER, ) ) ) Plaintiff, ) ) v. ) ) UNITED STATES, et. al., ) ) ) Defendants. ) ____________________________________) NO. 1:12-cv-00541-AWI-JLT ORDER RE: FINDINGS AND RECOMMENDATIONS (Doc. No. 4) 16 17 John Frederick Wheeler (“Plaintiff”) moves to proceed in forma pauperis with an action 18 for violations of his civil rights. This issue was referred to a Magistrate Judge. On April 25, 19 2012, the Magistrate Judge filed findings and recommendations that Plaintiff’s motion to proceed 20 in forma pauperis be denied and the complaint be dismissed without leave to amend. The 21 Magistrate Judge determined Plaintiff was not entitled to proceed because he failed to state a 22 claim upon which relief may be granted or allege a causal relationship between the defendants 23 and the injury alleged. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 305, this 25 Court has conducted a de novo review of the case. Having carefully reviewed the entire file, the 26 Court finds the Magistrate Judge’s recommendation that Plaintiff’s in forma pauperis motion be 27 denied to be supported by the record and proper analysis. However, the Court respectfully 28 Dockets.Justia.com 1 declines to adopt the Magistrate Judge’s recommendation of dismissal without leave to amend. 2 Accordingly, IT IS HEREBY ORDERED: 3 1. 4 The Findings and Recommendations filed on April 25, 2012 are ADOPTED IN PART; 5 2. Plaintiff’s motion to proceed in forma pauperis is DENIED; and 6 3. Plaintiff’s complaint is DISMISSED with leave to amend. Plaintiff shall have 7 8 leave to amend within 30 days of entry of this order. IT IS SO ORDERED. 9 10 Dated: 0m8i78 July 17, 2012 CHIEF UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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