Brosten v. Daines et al, No. 6:2016cv00001 - Document 8 (D. Mont. 2016)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 7 in full. Request to proceed in forma pauperis 1 is DENIED. Ex parte motion 3 is DENIED. This action is DISMISSED. Signed by Judge Dana L. Christensen on 3/1/2016. Mailed to Brosten. (TAG, )

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Brosten v. Daines et al Doc. 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION FILED MAR 0 1 2016 Cler!<, l! S District Court Orstnct Of Montana Missoula CV 16-01-H-DLC-JTJ ERIC BROSTEN, Plaintiff, ORDER vs. STEVE DAINES and RYAN ZINKE, Defendants. United States Magistrate Judge John Johnston entered his Findings and Recommendations in this matter on January 26, 2016, recommending dismissal of Plaintiff Eric Brosten's ("Brosten") Complaint. Judge Johnston also recommends denial ofBrosten's Motion to Proceed in Forma Pauperis and an ex parte motion for protection. Brosten failed to timely object to the Findings and Recommendations, and so waived his right to de novo review of the record. 28 U.S.C. § 636(b )(1 )(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); Thomas v. Arn, 474 U.S. 140, 149 (1985). Clear error exists if the Court is left with a "definite and firm conviction that a mistake has been committed." United States v. -1- Dockets.Justia.com Syrax, 235 F.3d 422, 427 (9th Cir. 2000) (citations omitted). Having reviewed the Findings and Recommendations, the Court finds no clear error in Judge Johnston's conclusion that Brosten's Complaint should be dismissed because it is frivolous and lacks any basis in fact or law. Brosten's allegations are simply not plausible. Further, the Court agrees that Brosten's Complaint cannot be cured by amendment and that all other motions should be denied. IT IS ORDERED that: (1) Judge Johnston's Findings and Recommendations (Doc. 7) are ADOPTED IN FULL. (2) Plaintiff Eric Brosten's request to proceed in forma pauperis under 28 U.S.C. § 1915(a)(l) (Doc. 1) is DENIED. (3) Brosten's ex parte motion (Doc. 3) is DENIED. (4) This action is DISMISSED. The Clerk of Court is directed to close this matter and enter judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. -2- . st 1 Dated this _ _ day of March, 2016. Dana L. Christensen, Chief Judge United States District Court -3-

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