Gamache v. U.S.

Full title: GREGORY GAMACHE, Plaintiff, v. UNITED STATES OF AMERICA, Defendant

Court: United States District Court, D. Kansas

Date published: Jul 7, 2011

CIVIL ACTION No. 11-1085-KHV (D. Kan. Jul. 7, 2011)

Opinion

CIVIL ACTION No. 11-1085-KHV.

July 7, 2011

ORDER

KATHRYN VRATIL, District Judge

This matter comes before the Court on Magistrate Judge Karen M. Humphreys' Report And Recommendation (Doc. #4) filed June 14, 2011, regarding plaintiff's Application To Proceed In Forma Pauperis, Supporting Documentation And Order (Doc. #3) filed March 22, 2011. Judge Humphreys recommended that the Court deny plaintiff's motion and dismiss plaintiff's complaint pursuant to 28 U.S.C. § 1915(e)(2)(B) because the United States is immune from this suit, and because the complaint has no arguable basis in law or fact and is frivolous. The deadline for filing objections to the report and recommendation was June 28, 2011. The parties have not objected. The Court has reviewed the report and recommendation by Judge Humphreys and hereby adopts it in its entirety.

IT IS THEREFORE ORDERED that plaintiff's Application To Proceed In Forma Pauperis, Supporting Documentation And Order (Doc. #3) filed March 22, 2011 be and hereby is OVERRULED.

IT IS FURTHER ORDERED that plaintiff's complaint be and hereby is DISMISSED.