Calkins v. Morrison et al, No. 1:2016cv00169 - Document 12 (D. Mont. 2017)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL AND THIS ACTION IS DISMISSED WITHOUT PREJUDICE. Signed by Judge Donald W. Molloy on 5/31/2017. (AMC)
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Calkins v. Morrison et al Doc. 12 FILED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION MAY 312017 Clerk, u.s Coorts District Of Montana Missoula Division CV 16-169-BLG-DWM-JCL KELLY KAY CALKINS, Plaintiff, ORDER vs. GRANT MORRISON, KEVIN IFFLAND, RICH ST. JOHN, and BILLINGS POLICE DEPARTMENT, Defendants. United States Magistrate Judge Lynch entered a Findings and Recommendation on May 1, 201 7, recommending the Court dismiss this action without prejudice pursuant to Federal Rule of Civil Procedure 4(m). (Doc. 11.) Because Plaintiff Kelly Kay Calkins did not file objections, Judge Lynch's conclusions are reviewed for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Clear error exists if the Court is left with a "definite and firm conviction that a mistake has been committed." Concrete Pipe & Prods. of Cal., Inc. v. Constr. Laborers Pension Trust for S. Cal., 508 U.S. 602, 623 (1993) (internal quotation marks omitted). 1 Dockets.Justia.com Calkins has failed to show good cause for the failure to serve Defendants in this action. Accordingly, IT IS ORDERED that Judge Lynch's Findings and Recommendation (Doc. 11) is ADOPTED-IN-FULL. This action is DISMISSED WITHOUT PREJUDICE. See Fed. R. Civ. P. 4(m). DATED this °31 'tay ofMay, 2017. , District Judge ict Court 2
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