Minetti

Minetti v. Port of Seattle

Good Law
152 F.3d 1113·1998 WL 461911
United States Court of Appeals for the Ninth CircuitAugust 11, 1998Nos. 96-36073California856 words

Opinion

Lead Opinion

Gene Minetti appeals pro se the district court’s order denying his application to proceed in forma pauperis. Minetti contends that the district court erred by not affording him an opportunity to submit objections to the magistrate judge’s recommendation. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review for abuse of discretion, see Tripati v. First Nat’l Bank & Trust, 821 F.2d 1368, 1369 (9th Cir.1987), and we affirm.

Minetti sought to file an action against the Port of Seattle, Local 9 of the International Longshoremen’s and Warehousemen’s Union, and other defendants alleging, inter alia, fraud, conspiracy and violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1962 . On September 3, 1996, the magistrate judge recommended that the application to proceed in forma pau-peris be denied on the grounds that Minetti’s claims were barred by res judicata, lack of standing and judicial immunity. The magistrate judge’s recommendation was forwarded to the district judge, who then signed the order denying pauper status on September 4, 1996.

28 U.S.C. § 636 (b)(1)(C) provides parties with a ten day period during which to object to the proposed…

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