Connolly v. Beeson et al, No. 6:2016cv00112 - Document 9 (D. Mont. 2017)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS for 8 Findings and Recommendations this matter is dismissed with prejudice for failure to state a claim. This dismissal counts as a strike pursuant to 28 U.S.C. Section 1915(g) and the Court certifies pursuant to Rule 24(a)(3)(A) of the FedRAppP, that any appeal of this decision would not be taken in good faith. Signed by Judge Dana L. Christensen on 9/27/2017. Copy of order mailed to Plaintiff. (DED)
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Connolly v. Beeson et al Doc. 9 FILED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION SEP 2 7 2017 Cieri<, U.S Diatrict Court District Of Montana Missoula CV 16-112-H-DLC-JTJ BRYSON PATRICK CONNOLLY, Plaintiff, ORDER vs. MYRON BEESON, et al., Defendants. United States Magistrate Judge John T. Johnston entered his Findings and Recommendations in this case on August 16, 2017, recommending that this action be dismissed for failure to amend his complaint and cure the deficiencies. Plaintiff Bryson Patrick Connolly ("Connolly") failed to timely object to the findings and recommendations, and so waived the right to de novo review of the record. 28 U.S.C. § 636(b)(l). The Court will therefore review the record for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). After reviewing the record and finding no clear error, IT IS ORDERED that Judge Johnston's Findings and Recommendations (Doc. 8) is ADOPTED IN FULL. -1- Dockets.Justia.com (1) This matter is DISMISSED WITH PREJUDICE for failure to state a claim. (2) 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 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 Complaint lacks arguable substance in law or fact. (4) 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) because Connolly failed to state a claim upon which relief may be granted. DATED this 2~~ay ofSeptembe 2017. Dana L. Christensen, Chief Judge United States District Court -2-