Wells v. Washburn

District Court, D. Oregon

Wells v. Washburn

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

LEROY LAMONT WELLS, No. 2:20-cv-00968-JE

Plaintiff, ORDER

v.

SUE WASHBURN,

Defendant.

HERNÁNDEZ, District Judge: Magistrate Judge Jelderks issued a Findings and Recommendation [10] on August 6, 2020, in which he recommends that this Court deny Plaintiff’s application to proceed in forma pauperis. The matter is now before the Court pursuant to

28 U.S.C. § 636

(b)(1)(B) and Federal Rule of Civil Procedure 72(b). Plaintiff filed objections to the Magistrate Judge’s Findings & Recommendation. Pl.’s Obj. I, ECF 12; Pl.’s Obj. II, ECF 13. When any party objects to any portion of the Magistrate Judge’s Findings & Recommendation, the district court must make a de novo determination of that portion of the Magistrate Judge’s report.

28 U.S.C. § 636

(b)(1); Dawson v. Marshall,

561 F.3d 930, 932

(9th Cir. 2009); United States v. Reyna-Tapia,

328 F.3d 1114, 1121

(9th Cir. 2003) (en banc). The Court has carefully considered Plaintiff’s objections and concludes that there is no

basis to modify the Findings & Recommendation. The Court has also reviewed the pertinent portions of the record de novo and finds no error in the Magistrate Judge’s Findings & Recommendation. CONCLUSION The Court ADOPTS Magistrate Judge Jelderks’ Findings and Recommendation [10]. Therefore, Plaintiff’s Motion to Proceed In Forma Pauperis [6] is DENIED. If Plaintiff wishes to continue with this case, he must pay the $400.00 filing fee within 30 days. Failure to do so will result in the dismissal of this action without prejudice. IT IS SO ORDERED.

DATED: ___O_c_t_o_b_e_r_ 9_,_ 2__0_2_0_______.

___________________________ MARCO A. HERNÁNDEZ United States District Judge

Reference

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