In Re Wallace, No. 9:2016cv00012 - Document 3 (D. Mont. 2016)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 2 in full. Matter closed. Signed by Judge Dana L. Christensen on 3/1/2016. Mailed to Wallace. (TAG, )
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In Re Wallace Doc. 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION FILED MAR 0 1 2016 Cler!<. l:J.S. District Court D1stnct Of Montana Missoula CV 16-12-M-DLC-JCL In re: GREGORY L. WALLACE ORDER United States Magistrate Judge Jeremiah C. Lynch entered findings and recommendations in this case on January 26, 2016, recommending that this matter be closed because Plaintiff Gregory Wallace ("Wallace"), who filed what Judge Lynch construed as a civil complaint, has neither paid the Court's filing fee nor qualifies for in forma pauperis status under the Prison Litigation Reform Act, 28 U.S.C. § 1915(g). Wallace is not entitled to file written objections to Judge Lynch's recommendations, pursuant to 28 U.S.C. § 636(b ). See Minetti v. Port of Seattle, 152 F.3d 1113, 1114 (9th Cir. 1998) (per curiam) ("[the plaintiffj was not entitled to file written objections to the magistrate judge's recommendation that [his] application to proceed in forma pauperis be denied"). This Court reviews for clear error those findings and recommendations to which no party objects. See McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981); Thomas v. Arn, 474 U.S. 140, 149 (1985). Clear error exists if the -1- Dockets.Justia.com Court is left with a "definite and firm conviction that a mistake has been committed." United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000) (citations omitted). Having reviewed the findings and recommendations, the Court finds no clear error in Judge Lynch's finding that Wallace has filed four civil actions which have been dismissed for failure to state a claim, and his conclusion that Wallace is ineligible to proceed in forma pauperis as a result. Furthermore, Wallace has not remitted the filing fee within the thirty day period following the date of Judge Lynch's findings and recommendations. Accordingly, IT IS ORDERED that Judge Lynch's findings and recommendations (Doc. 2) are ADOPTED IN FULL. The Clerk of Court shall CLOSE this matter and enter judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. DATED this _ _ day of March, 20 6. Dana L. Christensen, Chief Judge United States District Court -2-
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