Humphrey v. Spectrum Medical Inc et al, No. 2:2009cv00092 - Document 17 (D. Mont. 2010)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 15 in full. The Amended Complaine is DISMISSED; this dismissal counts as a strike pursuant to 28 U.S.C. Section 1915(g); and a certificate of appealability is DENIED. Signed by Judge Sam E Haddon on 11/8/2010. Mailed to Humphrey. (TAG, )

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Humphrey v. Spectrum Medical Inc et al Doc. 17 !! I '. ._* ""'" ; 8 PrJ 1 :>1 ''" .:... '/ -, .... ,",;/ . ·i. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BUTTE DIVISION KYM HUMPHREY, Plaintiff, No. CV 09-92-BU-SEH vs. ORDER BRTAN GOOTKIN, et aI., Defendants On October 6, 2010, United States Magistrate Judge Keith Strong entered Findings and Recommendations l in this matter. Plaintiff did not file objections. No review is required of proposed findings and recommendations to which no objection is made. Thomas v. Am, 474 U.S. 140, 149-152 (1986). However, this Court will review Judge Strong's Findings and Recommendations for clear error. I Docket No. 15. Dockets.Justia.com Upon review, I find no clear error in Judge Strong's Findings and Recommendations and adopt them in full. ORDERED: 1. The Amended Complaine is DISMISSED. 2. The docket shall reflect the filing of this action constitutes one strike under 28 U.S.C. § 1915(g). 3. A certificate of appealability is DENIED. Any appeal from this disposition will not be taken in good faith due to the frivolous nature of the issues raised and inabili ty to state a claim. The Clerk is DATED this enter judgment accordingly. (' day of November, 2010. United States District Judge 2 Docket No. 14.

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