Summary
granting application for in forma pauperis but dismissing this Plaintiff's case with prejudice
Summary of this case from Brodzki v. United StatesOpinion
No. 03:11-CV-878-HU
02-16-2012
ANTHONY BRODZKI, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.
Anthony Brodzki, Pro Se
ORDER
Anthony Brodzki, Pro Se HERNANDEZ, District Judge:
Magistrate Judge Hubel issued a Findings and Recommendation (# 7) on January 12, 2012, in which he recommends that the Court should grant Plaintiff's application for leave to proceed in forma pauperis (#1), but dismiss the complaint with prejudice. Plaintiff Anthony Brodzki timely filed objections to the Findings and Recommendation. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).
When any party objects to any portion of the Magistrate Judge's Findings and 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).
Plaintiff objects to the Findings and Recommendation because the complaint should be liberally construed and requests a chance to fix the complaint. Pl.'s Objections, 1. Magistrate Judge Hubel found that the allegations in the complaint were frivolous, irrational, and legally deficient. Findings & Recommendation, 3-4. Because it was apparent that the deficiencies in the complaint could not be fixed, he recommended dismissal with prejudice. Id. at 5. I have carefully considered Plaintiff's objections and conclude that the objections do not provide a basis to modify the recommendation that the complaint be dismissed with prejudice. I have also reviewed the pertinent portions of the record de novo and find no error in the Magistrate Judge's Findings and Recommendation.
CONCLUSION
The Court adopts Magistrate Judge Hubel's Findings and Recommendation (#7). Therefore, Plaintiff's application to proceed in forma pauperis (#1) is granted, but the complaint is dismissed with prejudice.
IT IS SO ORDERED.
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MARCO A. HERNANDEZ
United States District Judge