IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
July 17, 2012
JOHN FREDERICK WHEELER,
UNITED STATES, ET. AL.,
ORDER RE: FINDINGS AND
(Doc. No. 4)
John Frederick Wheeler ("Plaintiff") moves to proceed in forma pauperis with an action for violations of his civil rights. This issue was referred to a Magistrate Judge. On April 25, 2012, the Magistrate Judge filed findings and recommendations that Plaintiff's motion to proceed in forma pauperis be denied and the complaint be dismissed without leave to amend. The Magistrate Judge determined Plaintiff was not entitled to proceed because he failed to state a claim upon which relief may be granted or allege a causal relationship between the defendants and the injury alleged.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 305, this Court has conducted a de novo review of the case. Having carefully reviewed the entire file, the Court finds the Magistrate Judge's recommendation that Plaintiff's in forma pauperis motion be denied to be supported by the record and proper analysis. However, the Court respectfully declines to adopt the Magistrate Judge's recommendation of dismissal without leave to amend.
Accordingly, IT IS HEREBY ORDERED:
1. The Findings and Recommendations filed on April 25, 2012 are ADOPTED IN PART;
2. Plaintiff's motion to proceed in forma pauperis is DENIED; and
3. Plaintiff's complaint is DISMISSED with leave to amend. Plaintiff shall have leave to amend within 30 days of entry of this order.
IT IS SO ORDERED.
CHIEF UNITED STATES DISTRICT JUDGE
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