In Re Kristee Rae Lang

Filing 14

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 12 in full. Plaintiff's Complaint is DISMISSED. Any appeal of this decision would not be taken in good faith. Signed by Judge Susan P. Watters on 6/2/2014. Mailed to Lang. (TAG, )

UNITED STATES DISTRICT COURT
DISTRICT OF MONTANA
BILLINGS DIVISION

CV-14-41-BLG-SPW
IN RE: KRISTEE RAE LANG
ORDER

This action was filed in the United States District Court for the District of
Montana, Billings Division, on March 25, 2014. Plaintifffailed to allege any
intelligible allegations in her Complaint or her subsequent letters to the Clerk of
Court. (Docs. 2, 7, 8, 9, 10). United States Magistrate Judge Carolyn Ostby filed
Findings and a Recommendation regarding Plaintiffs Complaint and subsequent
letters and recommended that Plaintiffs Complaint be dismissed for failure to state
a claim upon which relief may be granted. (Doc. 12).
Three days after Judge Ostby issued the Findings and Recommendations,
Ms. Lang wrote a letter to the Court. (Doc. 13). The Court will give Ms. Lang the
(enormous) benefit of the doubt and consider it a formal objection.
When a party objects to any portion of the Findings and Recommendation
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issued by a Magistrate Judge, the district court must make a de novo determination
regarding that portion of the Magistrate Judge's report. 28 U.S.C. § 636(b)(l)(B);
McDonnell Douglas Corp. v. Commodore Bus. Mach. Inc., 656 F.2d 1309, 1313

(9th Cir. 1981). After a de novo review of Judge Ostby's Findings and
Recommendation and Plaintiffs' objection to the same, I agree with Judge Ostby's
conclusion that Plaintiffs Complaint and subsequent letters submitted to the
District Court Clerk fail to state a claim upon which relief may be granted.
Plaintiffs allegations are unintelligible, lack merit under the law and will be
dismissed. There being no error in Judge Ostby's findings and recommendations,
IT IS HEREBY ORDERED:
1.

Judge Ostby's Findings and Recommendations (Doc. 12) are

ADOPTED in full.
2.

Plaintiffs Complaint is DISMISSED.

3.

The Clerk of Court is directed to close the matter and enter judgment

pursuant to Rule 58 of the Federal Rules of Procedure.
4.

The Clerk of Court is directed to 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. The record makes plain the instant Complaint is
frivolous as it lacks arguable substance in law or fact.

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DATED this _a{_ day ofMtty; 2014.

onorable Susan P. Watters,
United States District Judge

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