Clervrain v. Hoeven et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Manetirony Clervrain, )
)
Plaintiff, ) ORDER ADOPTING REPORT
) AND RECOMMENDATION
vs. )
) Case No. 1:22-cv-076
John Hoeven, et al., )
)
Defendants. )
The Plaintiff initiated this matter pro se and in forma pauperis on April 12, 2022. See Doc.
No. 1. After screening the complaint pursuant to 28 U.S.C. § 1915(e)(2), Magistrate Judge Clare
R. Hochhalter issued a Report and Recommendation on June 3, 2022, in which he recommended that
Clervain’s complaint be dismissed. See Doc. No. 5. Clervain was given until June 21, 2022, to file
an objection to the Report and Recommendation. No objection was filed.
The Court has carefully reviewed the Report and Recommendation, relevant case law, and
the entire record, and finds the Report and Recommendation to be persuasive. Accordingly, the
Court ADOPTS the Report and Recommendation (Doc. No. 5) in its entirety. Clervain’s application
to proceed in forma pauperis (Doc. No. 1) is DENIED and the complaint is DISMISSED. The
Court further FINDS that any appeal would be frivolous, could not be taken in good faith, and may
not be taken in forma pauperis.
IT IS SO ORDERED.
Dated this 24th day of June, 2022.
/s/ Daniel L. Hovland
Daniel L. Hovland, District Judge
United States District Court
Case 1:22-cv-00076-DLH-CRH Document 6 Filed 06/24/22 Page 1 of 1