Gallagher v. Legacy Hotel Group, LLC et al, No. 1:2012cv00089 - Document 5 (D. Mont. 2012)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 4 in full. Gallagher's motion to proceed in forma pauperis 1 is DENIED. Gallagher has ten days from the date this Order is filed to pay the $350 filing fee. If she fails to do so, the Clerk of Court is directed to close this case. Signed by Judge Richard F. Cebull on 8/7/2012. Mailed to Gallagher. (TAG, )

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Gallagher v. Legacy Hotel Group, LLC et al Doc. 5 FILED IN THE UNITED STATES DISTRICT COURT AUG 072012 PATRICK E. DUFFY CLERK FOR THE DISTRICT OF MONTANA BY___ BILLINGS DIVISION HEATHER GALLAGHER, Deputy Clerk U.S. DISTRICT COURT BILLINGS DIVISION CV-12-89-BLG-RFC Plaintiff, vs. ORDER ADOPTING FINDINGS AND RECOMMENDATION OF U.S. MAGISTRATE JlTDGE LEGACY HOTEL GROUP, LLC, d/b/a HOLIDAY INN LAKEWOOD, and HOLIDAY INN LAKEWOOD, Defendants. United States Magistrate Judge Carolyn S. Ostby has recommended that Gallagher's motion to proceed in forma pauperis be denied because she is not indigent-that is, she is able to payor provide security for court costs and still provide herself with the necessities of life. Doc. 4, citing Rowland v. Cal. Men's Colony, 506 U.S. 194,203 (1993). Judge Ostby further recommends that Gallagher be given a reasonable period of time to pay the full filing fee of$350 and that if she does not do so, this case should be closed. Since her motion to proceed in forma pauperis was denied, Gallagher was not given an opportunity to file objections to Judge Ostby's Findings and Recommendations. Minetti v. Port of 1 Dockets.Justia.com Seattle, 152 F.3d 1113, 1114 (9th Cir. 1989). The Court has reviewed the file and concurs in Judge Ostby's Findings and Recommendations. Accordingly, IT IS HEREBY ORDERED that Gallagher's motion to proceed in forma pauperis (doc. 1) is DENIED. Gallagher has ten days from the date this Order is filed to pay the $350 filing fee. If she fails to do so, the Clerk of Court is directed to close this case. DATED theith day of August, 2012. RICHARD F. CE L UNITED STATES DISTRICT JUDGE 2

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