Kecskes v. Boysdos et al

Filing 31

ORDER ADOPTING IN PART FINDINGS AND RECOMMENDATIONS 24 . Any appeal of this decision would not be taken in good faith. Signed by Judge Susan P. Watters on 2/22/2017. Mailed to Kecskes at MSP and Billings Pre-Release; mailed to Boysdos (TAG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONT ANA
BILLINGS DIVISION

JEFFREY THOMAS KECSKES,
CV 16-47-BLG-SPW
Plaintiff,
ORDER ADOPTING
FINDINGS AND
RECOMMENDATIONS

vs.
KRISTINA BOYSDOS, TOM
GREEN, C/O HEIMBUCK, SGT.
RILEY, and SGT. HELSPUR,
Defendants.

Before the Court are United States Magistrate Judge Timothy Cavan's
Findings and Recommendations filed on January 20, 2017. (Doc. 24). In his
Findings and Recommendations, Judge Cavan recommended that this Court
dismiss Defendant Helspur without prejudice, and if Kecskes failed to file a Notice
of Change of Address on or before February 10, 2017, dismiss this case with
prejudice for Kecskes' failure to comply with a Court Order. (Id. at 3).
Pursuant to 28 U.S.C. § 636(b)(l), the parties were required to file written
objections within 14 days of the filing of Judge Cavan's Findings and

1

Recommendations. No objections were filed. 1 When neither party objects, this
Court reviews Judge Cavan's Findings and Recommendations for clear error.
McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313
(9th Cir. 1981). 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 Judge Cavan committed clear error. Further, as of today's date, Kecskes
has not filed a Notice of Change of Address. (See gen. Docket). This Court finds
Kecskes is in violation of Judge Cavan's Court Order and this case should be
dismissed pursuant to Fed. R. Civ. P. 41(b). This determination makes dismissing
Defendant Helspur without prejudice unnecessary.
Accordingly, it is hereby ordered that:
1.

Judge Cavan's Findings and Recommendations (Doc. 24) are

ADOPTED in part and MODIFIED IN PART.
2.

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

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

1

Defendant Boysdos filed a letter explaining why she failed to file an Answer.
(Doc. 29). The document does not object to Judge Cavan's Findings and
Recommendations. It is unnecessary for the Court to consider the Boysdos'
explanation because the Court agrees with Judge Cavan that this matter should be
dismissed.
2

3.

The Clerk of Court is directed to 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.

11d

DATED this ,,{1,1 day of February, 2017.

~~-~
SUSANP. WATTERS
United States District Judge

3