Avery v. Dawson County Correctional Facility, No. 1:2014cv00012 - Document 12 (D. Mont. 2014)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 11 in full. Avery's Complaint 2 is DISMISSED. This dismissal counts as a strike pursuant to 28 U.S.C. Section 1915(g). Any appeal of this decision would not be taken in good faith. Signed by Judge Susan P. Watters on 6/23/2014. Mailed to Avery. (TAG, )

Download PDF
Avery v. Dawson County Correctional Facility Doc. 12 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONT ANA BILLINGS DIVISION RUSSELL SCOTT AVERY, CV 14-12-BLG-SPW Plaintiff, vs. ORDER DAWSON COUNTY CORRECTIONAL FACILITY; SALLY BENNETT; OFFICER HIENBUCK; and WARDEN TOM GREEN, Defendants. Plaintiff Russell Avery brings this action seeking, among other things, "as much money as legally possible" for alleged violations of his constitutional rights. (Doc. 2 at 7). United States Magistrate Judge Carolyn Ostby entered Findings and Recommendations in this matter on June 2, 2014, in which she recommended that Avery's Complaint be dismissed for failure to state a claim. Pursuant to 28 U.S.C. § 636(b)(l), written objections to Judge Ostby's Findings and Recommendations were due 14 days after their filing. No objections were filed. When neither party objects, this Court must still review Judge Ostby's conclusions for clear error. Clear error exists if the Court is left with a "definite and firm conviction that a mistake has been committed." United States v. Syrax, 1 Dockets.Justia.com 235 F.3d 422, 427 (9th Cir.2000). After reviewing the Findings and Recommendations, this Court does not find that Judge Ostby committed clear error. Accordingly, IT IS HEREBY ORDERED: 1. Judge Ostby's Findings and Recommendations (Doc. 11) are ADOPTED IN FULL. 2. Avery's Complaint (Doc. 2) is DISMISSED. 3. The Clerk of Court shall close this matter and enter judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. 4. The Clerk of Court shall have the docket reflect that this dismissal counts as a strike pursuant to 28 U.S.C. § 1915(g). 5. The Clerk of Court shall have the docket reflect that the Court certifies pursuant to Fed.R.App.P. 24(a)(3)(A) that any appeal of this decision would not be taken in good faith. DATED this ~day of June, 2014. ~· f, ~c:at«' SUSANP. WATTERS United States District Judge 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.