Tyler v. Mahoney et al, No. 1:2010cv00005 - Document 13 (D. Mont. 2010)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 12 in full. 11 Motion for Leave to Proceed in forma pauperis filed by Andrew Tyler is DENIED, the Pleadings 1 , 6 , 10 are DISMISSED, and the Court certifies that any appeal would not be taken in good faith. Signed by Judge Richard F. Cebull on 5/6/2010. Copy mailed to Tyler. (TAG, )
Download PDF
<![CDATA[
Tyler v. Mahoney et al Doc. 13 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION ANDREW TYLER, Petitioner, vs. MIKE MAHONEY; STATE OF MONTANA Defendants. FILED BILL.Hl S D:'/. 2010 ARY 6 Prl 1. 06 BY _ _ DEPUTY CLERK CV-I0-5-BLG-RFC-CSO ) ) ) ) ) ) ) ) ) ) ) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE -----------------------) United States Magistrate Judge Carolyn S. Ostby has recommended the denial of Tyler's motion to proceed in forma pauperis and the dismissal of his assorted pleadings. Doc. 12. Magistrate Judge Ostby further recommends that a certificate of appealability be denied. Upon service of a magistrate judge's findings and recommendation, a party has 14 days to file written objections. 28 U.S.C. ยง 636(b)(1). No timely objections were filed in this matter. Failure to object to a magistrate judge's findings and recommendation waives all objections to the findings of fact, Turner v. Duncan, 158 F .3d 449, 455 (9th Cir. 1999), but this Court must still review de 1 Dockets.Justia.com . novo the magistrate judge's conclusions of law. Barilla v. Ervin, 886 F.2d 1514, 1518 (9th Cir. 1989). After reviewing the record and the applicable law, the only conclusion is that Magistrate Judge Ostby's Findings and Recommendation are well grounded in law and fact. IT IS HEREBY ORDERED that they be adopted in their entirety: (1) Tyler's motion to proceed in forma pauperis (Doc. 11) is DENIED; (2) Tyler's pleadings (Docs. 1, 6, 10) are DISMISSED; and (3) this Court certifies, pursuant to Fed. R. App. P. 24(a)(4)(B), that any appeal of this Order would be taken in bad faith The Clerk of Court shall enter, by separate document, a judgment of dismissal. 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
