Parker v. Montana Board of Pardons and Parole et al

Filing 7

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 5 in full. Plaintiff's Complaint is DISMISSED with prejudice for failure to state a claim upon which relief may be granted. This dismissal counts as a strike pursuant to 28 U.S.C. Section 1915(g). Any appeal from this disposition would not be taken in good faith. Signed by Judge Sam E Haddon on 11/12/2013. Mailed to Parker. (TAG, )

FILED
NOV 12 2013
Cieri<, U,S, District Court

DisIricI Of Montana

Helena

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

BILLINGS DIVISION

DESlRAE DANIELLE PARKER,
Plaintiff,

No. CV-13-127-BLG-SEH

vs.
ORDER

MONTANA BOARD OF PARDONS
& PAROLE and MIKE MCKEE,
Defendants.

United States Magistrate Judge Carolyn Ostby entered her Findings and
Recommendations l on October 17,2013. No objections were filed. No review is
required of proposed findings and recommendations to which no objection is
made. Thomas v. Am, 474 U.S. 140, 149-152 (1986). However, this Court will
review Judge Ostby's Findings and Recommendations for clear error.
Upon review, I find no clear error in Judge Ostby's Findings and
Recommendations and adopt them in fulL

1

Doc, 5,

ORDERED:
1.

Plaintiffs Complaint is DISMISSED with prejudice for failure to

state a claim upon which relief may be granted.
2.

The filing of this action counts as one strike for failure to state a

claim. 28 U.S.C. § 1915(g).
3.

Any appeal from this disposition would not be taken in good faith as

Plaintiffs claims are frivolous. Fed. R. App. P. 24(a)(3)(A).
4.

The Clerk is directed to enter judgment accordingly.

DATED this

~ of November, 2013.

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