Wells v. Washburn ( 2020 )

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