Heath v. Crossroads Corrections Center et al, No. 4:2011cv00034 - Document 6 (D. Mont. 2011)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 4 in full. The Complaint 2 is DISMISSED for failure to state a claim. This dismissal counts as a strike pursuant to 28 U.S.C. Section 1915(g). Any appeal from this disposition will not be taken in good faith. Signed by Judge Sam E Haddon on 6/28/2011. Mailed to Heath. (TAG, )
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Heath v. Crossroads Corrections Center et al Doc. 6 2Cil 28 Prl 3 32 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA GREAT FALLS DIVISION JOSHUA HEATH, Plaintiff, No. CV-1l-34-GF-SEH vs. ORDER CROSSROADS CORRECTIONS CENTER and CORRECTIONS CORPORATION OF AMERICA, Defendants. On June 6, 2011, United States Magistrate Judge Keith Strong entered Findings and Recommendations! in this matter. Plaintiff did not file objections. No review is required ofproposed findings and recommendations to which no objection is made. Thomas v. Am, 474 U.S. 140,149-52 (1986). However, this I Document No.4 -1- Dockets.Justia.com Court will review Judge Strong's Findings and Recommendations for clear error. Upon review, I find no clear error in Judge Strong's Findings and Recommendations and adopt them in full. ORDERED: 1. The Complaine is DISMISSED for failure to state a claim upon which relief may be granted. The Clerk is directed to close this matter and enter judgment in favor of Defendants. 2. The docket shall reflect that this dismissal counts as one strike under 28 U.S.C. ยง 1915(g) based upon Mr. Heath's failure to state a claim upon which relief may be granted. 3. Any appeal from this disposition will not be taken in good faith because Mr. Heath's failure to state a claim is so clear that no reasonable person could suppose an appeal DATED this have merit. See Fed. R. App. P. 24(a)(3XA). day ofJune, 2011. United States District Judge 2 Document No.2 -2-