Postlewaite v. Crossroads Corrections Center et al, No. 4:2011cv00022 - Document 10 (D. Mont. 2011)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 7 in full. Plaintiff's Complaint is DISMISSED without prejudice for failure to exhaust administrative remedies. Any appeal from this disposition will not be taken in good faith. Signed by Judge Sam E Haddon on 5/31/2011. Mailed to Postlewaite. (TAG, )
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Postlewaite v. Crossroads Corrections Center et al Doc. 10 FILED 2011 rlRV 31 Pr112 35 ri'"TfliCI( E CUFFY, CLERK IN THE UNITED STATES DISTRICT COURT DEPUTY CLERK FOR THE DISTRICT OF MONTANA GREAT FALLS DIVISION ANDREW M. POSTLEWAITE, Plaintiff, No. CV-1l-22-GF-SEH vs. ORDER CROSSROADS CORRECTIONS CENTER, and THE MONTANA DEPARTMENT OF CORRECTIONS, Defendants. On May 18,2011, United States Magistrate Judge Keith Strong entered his Findings and Recommendations l in this matter. Plaintiff filed objections2 on May 23,2011. The Court reviews de novo findings and recommendations to which objections are made. 28 U.S.c. ยง 636(b)(1). Upon de novo review of the record, I find no error in Judge Strong's I Document No.7 , Document No.9 Dockets.Justia.com Findings and Recommendations and adopt them in full. ORDERED: 1. Plaintiff's Complaint3 is DISMISSED without prejudice for failure to exhaust administrative remedies. 2. The Clerk is directed to enter judgment accordingly. 3. Any appeal from this disposition will not be taken in good faith because Plaintiff has failed to exhaust administrative remedies and no reasonable person could suppose an DATED this would have merit. Fed. R. App. P. 24(a)(3)(A). --dl &yofMay, 2011. 3 Document No.2 2 United States District Judge