Wallace v. Barclay et al, No. 6:2015cv00042 - Document 11 (D. Mont. 2016)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 9 in full. Findings and Recommendations. This case is DISMISSED WITH PREJUDICE. This dismissal counts as a strike pursuant to 28 U.S.C. Section 1915(g). Any appeal of this decision would not be taken in good faith. Signed by Judge Dana L. Christensen on 5/23/2016. Mailed to Wallace. (TAG, )
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Wallace v. Barclay et al Doc. 11 FILED MAY 2 3 2016 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION GREGORY L. WALLACE, Clerk, U S Disbict Court District Of Montana Missoula CV 15-42-H-DLC-JTJ Plaintiff, ORDER vs. TONI BARCLAY, CCCS, INC. PA McGREELY or McGREEDY, DAVID PENTLAND, MONTANA STATE MEDICAL BOARD, and PA KOHUT, Defendants. United States Magistrate Judge John T. Johnston entered findings and recommendations in this case on March 29, 2016, recommending that Plaintiff Gregory L. Wallace's ("Wallace") complaints be dismissed for failing to state a claim upon which relief may granted. Wallace timely filed what the Court construes as objections to the findings and recommendations, and so will conduct de novo review of those findings and recommendations to which he specifically objects. 28 U.S.C. § 636(b)(l)(C). This Court reviews for clear error those findings and recommendations to which no party objects. See McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981); -1- Dockets.Justia.com Thomas v. Arn, 474 U.S. 140, 149 (1985). Clear error exists ifthe Court is left 11 with a "definite and firm conviction that a mistake has been committed." United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000) (citations omitted). After granting Wallace leave to file an amended complaint on two separate occasions, Judge Johnston has concluded that the deficiencies in Wallace's pleadings cannot be cured, and that dismissal is appropriate because Wallace has yet to allege any viable claim. Judge Johnston has referred to Wallace's filings as incoherent, a characterization with which this Court agrees. To the extent they can reasonably be labeled as such, Wallace's objections are likewise incoherent and do not reference Judge Johnston's findings and recommendations in any way. Having failed to specifically object to any of Judge Johnston's findings and recommendations, the Court reviews the record for clear error, and, finding none, IT IS ORDERED that Judge Johnston's findings and recommendations (Doc. 9) are ADOPTED IN FULL. This case is DISMISSED WITH PREJUDICE. The Clerk of Court shall CLOSE this case and enter judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that the Clerk of Court shall have the docket reflect that this dismissal counts as a strike pursuant to 28 U.S.C. § 19 l 5(g). IT IS FURTHER ORDERED that the Clerk of Court shall have the docket reflect that the Court certifies, pursuant to Rule 24(a)(3)(A) of the Federal Rules -2- q of Appellate Procedure, that any appeal of this decision would not be taken in good faith. DATED this Z3 ye! day of May, 2016. Dana L. Christensen, Chief Judge United States District Court -3-
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