Presidential Candidate Number P60005535, aka Ronald Satish Emrit & Presidential Committee/Political Action Committee/Separate Segregated Fund (SSF) Number C00569897 d/b/a United Emrits of America v. Erin Burnett et al.

Summary

The United States District Court for the District of Montana adopted a magistrate judge’s findings and recommendation and dismissed Ronald Satish Emrit’s complaint without leave to amend as frivolous under 28 U.S.C. § 1915(e)(2). The court found no clear error because the plaintiff did not object to the findings and recommendation. The court also certified that any appeal would not be taken in good faith and directed entry of judgment.

Holdings

1. Because plaintiff filed no objections, he was not entitled to de novo review, and the district court reviewed the findings and recommendation for clear error.
2. The district court adopted the recommendation to dismiss plaintiff's complaint as frivolous under 28 U.S.C. § 1915(e)(2), without leave to amend.
3. Any appeal from the disposition would not be taken in good faith.

Questions Presented

1. Whether the district court should review the magistrate judge's findings and recommendation de novo or for clear error when plaintiff filed no objections.
2. Whether the magistrate judge's recommendation to dismiss the in forma pauperis complaint as frivolous without leave to amend should be adopted.
3. Whether an appeal from the dismissal should be certified as not taken in good faith.

Disposition

dismissed