Kellberg v. FBI Prank a Tweaker, No. 9:2018cv00106 - Document 5 (D. Mont. 2018)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS and denying 1 Motion for Leave to Proceed in forma pauperis. This action is DISMISSED. Signed by Judge Dana L. Christensen on 10/1/2018. (APP) Copy mailed to Kellberg
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Kellberg v. FBI Prank a Tweaker Doc. 5 FILED OCT o12018 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION Clerk, U.S Courts District Of Montana Missoula Division WAYNE DALE KELLBERG, CV 18-106-M-DLC-JCL Plaintiff, vs. ORDER FBI PRANK A TWEAKER, Defendant. United States Magistrate Judge Jeremiah C. Lynch entered his Findings and Recommendations on June 13, 2018, recommending that the Court deny Plaintiff Wayne Dale Kellberg's motion for leave to proceed in forma pauperis and dismiss this action. (Doc. 3.) Kellberg failed to timely object to the Findings and Recommendations, and so waived the right to de novo review of the record. U.S.C. § 636(b)(l). This Court reviews for clear error those findings and recommendations to which no party objects. 149-53 (1985). 28 See Thomas v. Arn, 474 U.S. 140, Clear error exists if the Court is left with a "definite and firm conviction that a mistake has been made." Wash. Mut., Inc. v. United States, 856 F.3d 711, 721 (9th Cir. 2017) (citation omitted). Having reviewed the Findings and Recommendation (Doc. 5), the Court -1- Dockets.Justia.com finds no clear error in Judge Lynch's Findings and Recommendation. Kellberg's factual allegations are unexplained and cannot give rise to a finding of liability. Further, the only named defendant, "FBI Prank a Tweaker," appears to be a fictitious entity. Because Kellberg's complaint is frivolous, he should not be granted leave to proceed in forma pauperis. 28 U.S.C. § 1915(a). Accordingly, IT IS ORDERED that: (1) Judge Lynch's Findings and Recommendation (Doc. 3) is ADOPTED IN FULL. (2) Kellberg's motion for leave to proceed in forma pauperis is DENIED. (3) This action is DISMISSED. DATED this I 't day of October, 2 Dana L. Christensen, Chief Judge United States District Court -2-
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