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)

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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. ยง 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

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