Bull Plume v. Deyott, No. 6:2011cv00056 - Document 12 (D. Mont. 2012)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 10 in full. Bullplume's delayed mail claim is DISMISSED for failure to state claim. Signed by Judge Donald W. Molloy on 4/20/2012. Mailed to Bullplume. (TAG, )
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Bull Plume v. Deyott Doc. 12 FILED APR 20 2012 PATRICK E. DUFFY, CLERK By noe;;cp;;rUTY"""CL;;:E<::RK".M;-;;'S;;O:S""OU~LA~ IN TIIE UNIlED STAlES DISTRICT COURT FOR TIIE DISTRICT OF MONTANA HELENA DIVISION SHANNON DAVID BULLPLUME, ) ) ) ) ) ) ) ) ) ) Plaintiff, vs. MAILROOM SUPERVISOR DENISE DEYOTT, Respondents. cv 11-56-H-DWM-RKS ORDER United States Magistrate Judge Keith Strong entered Findings and Recommendation in this matter on March 8, 2012 and recommended dismissing Bullplume's delayed legal mail claim} Bullplume did not timely object to this recommendation, and so has waived the right to de novo review of the record. 28 U.S.C. § 636(bXI). This Court will review the Findings and Recommendation for 'Bullpiume's other claims survive. -1 Dockets.Justia.com clear error. McDormell Douglas Cor:p. 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." United Staies v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000). Bullplume alleges he received three letters between four and 20 days after they were mailed. As found by Judge Strong in his January 3,2012 Order(doc. 5), these temporary delays do not rise to the level of constitutional violations. Crofton v. Roe, 170 F.3d 957, 961 (9th Cir. 1999). And Bullplume does not appear to have exhausted his administrative remedies. Bullplume does not allege any new facts in his Amended Complaint to correct these errors. After a review of Judge Strong's Findings and Recommendation, I find no clear error. Accordingly, IT IS HEREBY ORDERED that Judge Strong's Findings and Recommendation (dkt #10) are adopted in full. Bullplume's delayed mail claim is DISMISSED for failure to state claim. c-. Dated this~day ofApril 20, 2012. ylVl,,,loy, District Judge istri ct Court -2
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