Lake v. Montana State Prison, No. 6:2017cv00032 - Document 12 (D. Mont. 2018)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 11 in full. Any appeal of this decision would not be taken in good faith. This dismissal counts as a strike pursuant to 28 U.S.C. Section 1915(g). Signed by Judge Dana L. Christensen on 1/2/2018. Mailed to Lake. (TAG)

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Lake v. Montana State Prison Doc. 12 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION FILED JAN 0 2 2018 Clerk, US DistnCi . cJ:,trict Court CV 17-32-H-DLC-JTJ ROBERT A. LAKE, Plaintiff, ORDER vs. MONTANA STATE PRISON, Defendant. United States Magistrate Judge John T. Johnston entered his Findings and Recommendations in this case on November 17, 2017, recommending that Plaintiff Robert A. Lake's ("Lake") Complaint be dismissed for failure to state a federal claim. Lake 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. 11) are ADOPTED IN FULL. This matter is DISMISSED for failure to state a federal claim. -1- Dockets.Justia.com IT IS FURTHER ORDERED that 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. IT IS FURTHER ORDERED that 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. IT IS FURTHER ORDERED that 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 Lake failed to state a claim upon which relief may be granted. DATED this 7-rJ., day of January, 20 8. Dana L. Christensen, Chief Judge United States District Court -2-

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