McCarthy v. Ette et al, No. 2:2010cv00048 - Document 8 (D. Mont. 2010)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 6 in full. Plaintiff's 2 Complaint is DISMISSED with prejudice, and the Court certifies that any appeal would not be taken in good faith. This dismissal counts as a strike pursuant to 28 U.S.C. Section 1915(g). Signed by Judge Sam E Haddon on 11/22/2010. Mailed to McCarthy. (TAG, )

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McCarthy v. Ette et al Doc. 8 IN THE UNITED STATES DISTRICT COURT,,; ,/ .. ' FOR THE DISTRICT OF MONTANA BUTTE DIVISION ROMAN SONNY McCARTHY, Plaintiff, No. CV-1O-48-BU-SEH vs. ORDER STEVE ETTE, et aI., Defendants. On October 25, 2010, United States Magistrate Judge Keith Strong entered his Findings and Recommendations l in this matter. Plaintiff filed objections2 on November 9, 2010. The Court reviews de novo findings and recommendations to which objections are made. 28 U.S.C. § 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. I Document No.6 2 Document No. 7 Dockets.Justia.com ORDERED: 1. Plaintiffs Complaine is DISMISSED with prejudice on grounds it is barred by the applicable statute of limitations. 2. The Clerk is directed to enter judgment accordingly. 3. The filing of this action counts as one strike for failure to state a claim. 28 U.S.c. § 1915(g). 4. Any appeal from this disposition will not be taken in good faith as Plaintiffs claims are barred by the applicable statute of limitations. Fed. R. App. P. 24(a)(3). DATED this day of November, 2010. 3 Document No.2 2 United States District Judge

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