Scharen v. Frink et al, No. 4:2011cv00066 - Document 58 (D. Mont. 2013)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 53 in full. Plaintiff's Complaint 2 is DISMISSED with prejudice for failure to prosecute. Any appeal from this disposition will not be taken in good faith. Signed by Judge Sam E Haddon on 1/31/2013. Mailed to Scharen. (TAG, )

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Scharen v. Frink et al Doc. 58 FILED JAN 3 1 2013 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA GREAT FALLS DIVISION EDWARD EUGENE SCHAREN, Plaintiff, CV 11-66-GF-SEH vs. ORDER WARDEN FRINK, as agent of CCC and MIKE FERRITER, as agent of Montana DOC, Defendants. United States Magistrate Judge Keith Strong entered Findings and Recommendations in this matter on January 8, 2013. 1 Plaintiff has not filed objections and has failed to provide this Court and counsel with a valid address for service. All efforts to contact Plaintiff have been unsuccessful, and all mailings to Defendant have been returned as undeliverable. 2 No review is required of proposed findings and recommendations to which 1 Document No. 53. 2 Document Nos. 50, 51, 55-57. Dockets.Justia.com no objection is made. Thomas v. Am, 474 U.S. 140,149-152 (1986). But this Court will review Judge Strong's Findings and Recommendation for clear error. Upon review, I find no clear error in Judge Strong's Findings and Recommendation and adopt them in fulL ORDERED: 1. Plaintiffs Complaine is DISMISSED with prejudice for failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure. 2. Any appeal from this disposition will not be taken in good faith as Plaintiff has repeatedly failed to provide this Court with a valid address for service. 3. The Clerk is directed to enter judgment accordingly. DATED this S.t -tIL day of January, 2013. United States District Court 3 Document No.2. -2­

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