Walks v. Cebull
Filing
9
OPINION AND ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 6 in full. Complaint 1 and Supplemental Complaint 5 DISMISSED with prejudice; dismissal counts as strike pursuant to 28 U.S.C. § 1915(g); any appeal of decision would not be taken in good faith. Signed by Judge Susan P. Watters on 11/26/2014. Mailed to Walks. (TAG, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
FILED
NIJV .2 6 2014
Cl'Dk· U.S. District Court
rstnct Of Montana
Bilfings
GILBERT WALKS, JR.,
CV 14-122-BLG-SPW
Plaintiff,
OPINION AND ORDER
vs.
RICHARD CEBULL,
Defendant.
Plaintiff Gilbert Walks filed a complaint against former United States
District Judge Richard Cebull. (Doc. 1). In his Complaint, Walks does not
provide supporting facts and only claims that Judge Cebull committed "Racial Bias
Due Process violation, 4th, 5th, 6th[,] 14th, Amendment violations." (Id. at 3).
Magistrate Judge Ostby recommends dismissing Walks' Complaint with prejudice.
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(Doc. 6). Walks filed objections on November 24, 2014. (Doc. 8).
Walks did not timely object to Magistrate Judge Ostby's Findings and
Recommendations. Magistrate Judge Ostby entered her Findings and
Recommendations on October 24, 2014. Walks had 14 days after their service to
object. 28 U.S.C. § 636. Because Walks was served via conventional mail, three
days are added. Fed. R. Civ. P. 6(d). Walks had until November 13, 2014 to file
objections. Since Walks did not file his objections until November 24, 2014, they
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Curiously, Walks dated his signature as November 25, 2014. (Doc. 8 at 2).
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SCANNED
are untimely and he is not entitled to de novo review. See United States v. Reyna-
Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).
When neither party timely objects, this Court must still review Magistrate
Judge Ostby's conclusions for clear error. Clear error exists ifthe Court is left
with a "definite and firm conviction that a mistake has been committed." United
States v. Syrax, 235 F.3d 422, 427 (9th Cir.2000). After reviewing the Findings
and Recommendations, this Court does not find that Magistrate Judge Ostby
committed clear error.
Accordingly, IT IS HEREBY ORDERED:
1. Magistrate Judge Ostby's Findings and Recommendations (Doc. 6) are
ADOPTED IN FULL.
2. Walks' Complaint (Doc. 1) and Supplemental Complaint (Doc. 5) are
DISMISSED with prejudice.
3. The Clerk of Court shall close this case and enter a judgment of dismissal.
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 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.
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')/'f!--DATED this 0JI?_ day of November 2014.
SUSANP. WATTERS
United States District Judge
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