Simon v. State of Montana et al, No. 9:2014cv00237 - Document 6 (D. Mont. 2014)
Court Description: ORDER ADOPTING 4 FINDINGS AND RECOMMENDATIONS in full; denying as moot 1 Motion for Leave to Proceed in forma pauperis. Signed by Judge Dana L. Christensen on 10/31/2014. Mailed to Simon. (TAG, )
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Simon v. State of Montana et al Doc. 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION FILED OCT 31 201+ ClerlcU Dist . -'<>II1Cf Of COUrt MiSSoUls tSlla DEANNA KAY SIMON, CV 14-237-M-DLC Plaintiff, ORDER vs. THE STATE OF MONTANA, JOSHUA M. SIMON, MATT MCKITTRICK, and CASCADE COUNTY JAIL, Defendants. United States Magistrate Judge Jeremiah C. Lynch entered his Findings and Recommendation on October 21,2014, recommending that Plaintiff Simon's motion to proceed in forma pauperis be denied because she failed to provide a copy of her prison account statement as required by 28 U.S.C. ยง 1915(a)(2). Simon is not entitled to a ten-day period to object. See Minetti v. Port ofSeattle, 152 F.3d 1113, 1114 (9th Cir. 1998) (per curiam). It was unclear whether Simon's Complaint and motion to proceed in forma pauperis in this case was intended to be a new civil case or if she wanted the documents to be filed in her habeas case, Civil Action No. 14-CV-67-GF-BMM. Judge Lynch required Simon to clarify her intent on or before October 17, 2014. Dockets.Justia.com Simon notified the Court on October 22,2014 that she intended her Complaint (Doc. 2) and motion to proceed in forma pauperis (Doc. 1) to be filed in her ongoing habeas case. IT IS ORDERED that Judge Lynch's Findings and Recommendation (Doc. 4) are ADOPTED and Simon's motion to proceed in forma pauperis (Doc. 1) is DENIED AS MOOT. This case is CLOSED. Dated this ?, of October, 201 . Dana L. Christensen, Chief Ju ge United States District Court
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