Avery v. Dawson County Correctional Facility
Filing
12
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 11 in full. Avery's Complaint 2 is DISMISSED. 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 Susan P. Watters on 6/23/2014. Mailed to Avery. (TAG, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONT ANA
BILLINGS DIVISION
RUSSELL SCOTT AVERY,
CV 14-12-BLG-SPW
Plaintiff,
vs.
ORDER
DAWSON COUNTY
CORRECTIONAL FACILITY;
SALLY BENNETT; OFFICER
HIENBUCK; and WARDEN TOM
GREEN,
Defendants.
Plaintiff Russell Avery brings this action seeking, among other things, "as
much money as legally possible" for alleged violations of his constitutional rights.
(Doc. 2 at 7). United States Magistrate Judge Carolyn Ostby entered Findings and
Recommendations in this matter on June 2, 2014, in which she recommended that
Avery's Complaint be dismissed for failure to state a claim.
Pursuant to 28 U.S.C. § 636(b)(l), written objections to Judge Ostby's
Findings and Recommendations were due 14 days after their filing. No objections
were filed. When neither party objects, this Court must still review Judge Ostby's
conclusions for clear error. Clear error exists if the Court is left with a "definite
and firm conviction that a mistake has been committed." United States v. Syrax,
1
235 F.3d 422, 427 (9th Cir.2000). After reviewing the Findings and
Recommendations, this Court does not find that Judge Ostby committed clear
error.
Accordingly, IT IS HEREBY ORDERED:
1. Judge Ostby's Findings and Recommendations (Doc. 11) are ADOPTED
IN FULL.
2. Avery's Complaint (Doc. 2) is DISMISSED.
3. The Clerk of Court shall close this matter and enter judgment pursuant to
Rule 58 of the Federal Rules of Civil Procedure.
4. The Clerk of Court shall have the docket reflect that this dismissal counts
as a strike pursuant to 28 U.S.C. § 1915(g).
5. The Clerk of Court shall have the docket reflect that the Court certifies
pursuant to Fed.R.App.P. 24(a)(3)(A) that any appeal of this decision would not be
taken in good faith.
DATED this ~day of June, 2014.
~· f, ~c:at«' SUSANP. WATTERS
United States District Judge
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