Parker v. Montana Board of Pardons and Parole et al, No. 1:2013cv00127 - Document 7 (D. Mont. 2013)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 5 in full. Plaintiff's Complaint is DISMISSED with prejudice for failure to state a claim upon which relief may be granted. This dismissal counts as a strike pursuant to 28 U.S.C. Section 1915(g). Any appeal from this disposition would not be taken in good faith. Signed by Judge Sam E Haddon on 11/12/2013. Mailed to Parker. (TAG, )
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Parker v. Montana Board of Pardons and Parole et al Doc. 7 FILED NOV 12 2013 Cieri<, U,S, District Court DisIricI Of Montana Helena IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION DESlRAE DANIELLE PARKER, Plaintiff, No. CV-13-127-BLG-SEH vs. ORDER MONTANA BOARD OF PARDONS & PAROLE and MIKE MCKEE, Defendants. United States Magistrate Judge Carolyn Ostby entered her Findings and Recommendations l on October 17,2013. No objections were filed. 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 Ostby's Findings and Recommendations for clear error. Upon review, I find no clear error in Judge Ostby's Findings and Recommendations and adopt them in fulL 1 Doc, 5, Dockets.Justia.com ORDERED: 1. Plaintiffs Complaint is DISMISSED with prejudice for failure to state a claim upon which relief may be granted. 2. The filing of this action counts as one strike for failure to state a claim. 28 U.S.C. § 1915(g). 3. Any appeal from this disposition would not be taken in good faith as Plaintiffs claims are frivolous. Fed. R. App. P. 24(a)(3)(A). 4. The Clerk is directed to enter judgment accordingly. DATED this ~ of November, 2013. -2
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