Herrell v. Lynch et al, No. 4:2008cv00062 - Document 30 (D. Mont. 2010)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 28 in full. Defendants' 24 Motion for Summary Judgment is GRANTED. A certicate of appealability is DENIED. Any appeal from this disposition will not be taken in good faith. The filing of this action constitutes one strike under 28 U.S.C. § 1915(g). Signed by Judge Sam E Haddon on 5/28/2010. Mailed to Herrell at G Falls Probation and Parole (TAG, ) Modified on 5/28/2010: also mailed to Herrell at 508 10th St. N, G Falls 59401 (TAG, ).
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Herrell v. Lynch et al Doc. 30 , I i_<. I 2010 Mnv 28 Prl 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA GREAT FALLS DIVISION ZACK CAINE HERRELL, Plaintiff, No. CV 08-62-GF-SEH vs. ORDER THOMAS W. LYNCH and SGT. NEWTON, Defendants. On April 21, 2010, United States Magistrate Judge Keith Strong entered Findings and Recommendations ' 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. 28. Dockets.Justia.com Upon review, I find no clear error in Judge Strong's Findings and Recommendations and adopt them in full. ORDERED: 1. Defendants Lynch and Newton's Motion for Summary Judgmene is GRANTED. 2. The docket shall reflect the filing of this action constitutes one strike under 28 U.S.C. ยง 19l5(g). 3. A certificate of appealability is DENIED. Any appeal from this disposition will not be taken in good faith as the claims lack merit. The Clerk is directed DATED this judgment accordingly. day of May, 2010. United States District Judge 2 Docket No. 24.
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