Hirt v. Law et al, No. 4:2009cv00106 - Document 10 (D. Mont. 2010)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 4 in full. Plaintiff's Complaint 2 is DISMISSED, the dismissal counts as a strike pursuant to 28 U.S.C. 1915(g), and the Court certifies that any appeal would not be taken in good faith. Signed by Judge Sam E Haddon on 1/29/2010. Copy mailed to Hirt. (TAG, )
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Hirt v. Law et al Doc. 10 FILED JAN 2 9 2010 PATRICK E. DUFFY, CLERK BY DEPUTY CLERK, B u r r e IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA GREAT FALLS DIVISION PATRICK KEITH HIRT, Plaintiff, CV 09-106-GF-SEH ORDER VS. SAM LAW, et. al., individually and in their official capacities, Defendants. On November 20,2009, United States Magistrate Judge Keith Strong entered Findings and Recommendations' in this matter. Plaintiff filed objections on January 13,2010, and January 19,20102. The Court reviews de novo findings and recommendation to which objections are made. 28 U.S.C. 9 636(b)(1). Upon de novo review of the record, I find no error in Judge Strong's Findings and Recommendations and adopt them in full. ' Docket No. 4. *DocumentNos. 8 and 9, Dockets.Justia.com ORDERED: 1. Plaintiffs Complaint3 is DISMISSED for failure to state a claim upon which relief may be granted. 2. The Clerk of Court is directed to close this matter and enter judgment pursuant to Fed. R. Civ. P. 58. 3. The Clerk of Court is directed to have the docket reflect that the dismissal counts as a strike pursuant to 28 U.S.C. 5 1915(g) because Plaintiff failed to state a claim upon which relief may be granted. 4. Any appeal of this decision would not be taken in good faith as the Complaint is clearly frivolou . Fed. R. App. 24(a)(3)(A). P DATED this &day of January, 20 10. 2 United States District Judge 3DocumentNo. 2.
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