In Re Green, No. 6:2017cv00064 - Document 3 (D. Mont. 2017)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 2 in full. This action is DISMISSED WITH PREJUDICE. A certificate of appealability is DENIED. Signed by Judge Dana L. Christensen on 7/13/2017. Mailed to Green. (TAG)
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In Re Green Doc. 3 FILED IN THE UNITED STATES DISTRICT COURT JUL 3 1 2017 FOR THE DISTRICT OF MONTANA HELENA DIVISION District court Montana w11SSou/a CV 17-64-H-DLC-JTJ IN RE: JEREMIAH C. GREEN, Petitioner. ORDER United States Magistrate Judge John T. Johnston entered his findings and recommendations in this case on June 12, 2017, recommending denial of Petitioner Jeremiah C. Green's ("Green") petition for name change. Green failed to timely object to the findings and recommendations, and so waived the right to de nova review of the record. 28 U.S.C. ยง 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). Judge Johnston found, and this Court agrees, that Green's petition fails to provide a basis for federal jurisdiction. This Court does not have subject matter jurisdiction over Green's petition for name change. Accordingly, IT IS ORDERED that Judge Johnston's findings and recommendations (Doc. 2) are ADOPTED IN FULL. This action is DISMISSED WITH PREJUDICE. The Clerk of Court shall enter by separate document a -1- judgment against Petitioner Green. A certificate of appealability is DENIED. DATED this I?> of July, 2017. Dana L. Christensen, Chief Judge United States District Court -2-
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