Leathers v. Larson et al, No. 6:2016cv00043 - Document 4 (D. Mont. 2016)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 3 in full. This matter 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 7/19/2016. Mailed to Leathers. (TAG, )
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Leathers v. Larson et al Doc. 4 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION JOHN FREDERICK LEATHERS, CV 16-43-H-DLC-JTJ Plaintiff, ORDER vs. JON W. LARSON, et al., Defendants. United States Magistrate Judge John Johnston entered his Order, Findings and Recommendations in this matter on June 20, 2016, recommending dismissal of Plaintiff John Leathers's ("Leathers") Complaint. Leathers 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)(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); 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. Syrax, 235 F.3d 422, 427 (9th Cir. 2000) (citations omitted). Having reviewed the Findings and Recommendations, the Court finds no -1- Dockets.Justia.com clear error in Judge Johnston's conclusion that Leathers's Complaint should be dismissed because: (1) the majority of his claims are barred by the applicable statute of limitations; and (2) Judge Larson is immune from suit under the doctrine of judicial immunity. Accordingly, IT IS ORDERED that: (1) Judge Johnston's Findings and Recommendations (Doc. 3) are ADOPTED IN FULL. (2) This matter is DISMISSED WITH PREJUDICE. The Clerk of Court is directed to close this matter and enter judgment in favor of Defendants pursuant to Rule 58 of the Federal Rules of Civil Procedure. (3) The Clerk of Court is directed to have the docket reflect that this dismissal counts as a strike pursuant to 28 U.S.C. § 1915(g) based upon Leathers's failure to file within the applicable statute of limitations. (4) The Clerk of Court is directed to have the docket reflect that the Court certifies pursuant to Rule 24(a)(3)(A) of the Federal Rules of Appellate Procedure that any appeal of this decision would not be taken in good faith. No reasonable person could suppose an appeal would have merit. The record makes plain the instant Complaint lacks arguable substance in law or fact. -2- Dated this I q""day of July, 2016. Dana L. Christensen, Chief Judge United States District Court -3-