Helm v. Yellowstone County Detention Center
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 22 in full. 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 10/11/2017. Mailed to Helm (TAG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
JOSHUA LEE HELM,
Before the Court are Magistrate Judge Timothy Cavan's Findings and
Recommendations filed on September 19, 2017. (Doc. 22). Judge Cavan
recommending that this Court dismiss Helm's action for failure to state a federal
claim. (Id. at 2).
When a party timely objects to any portion of the magistrate judge's
Findings and Recommendations, the district court must conduct a de novo review
of the portions of the Findings and Recommendations to which objections are
made. 28 U.S.C. § 636(b)(l)(C); McDonnell Douglas Corp. v. Commodore
Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981). The district court may
then "accept, reject, or modify the recommended decision, receive further
evidence, or recommit the matter to the magistrate with instructions." 28 U.S.C. §
636(b)(1 ). The district court is not required to review the factual and legal
conclusions of the magistrate judge to which the parties do not object. United
States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).
Helm filed timely objections to Judge Cavan's Findings and
Recommendations. (Doc. 23). Discussion of Helm's objections is unnecessary
because he presents the same arguments he presented in his complaint, and his
Amended Complaint. Despite the Court's direction advising Helm that his
allegations were insufficient to state a federal claim, Helm simply reiterates the
facts he pied in his Complaint and Amended Complaint. (See Doc. 23). The Court
has reviewed de novo Helm's claims and Judge Cavan's findings and
recommendations and agrees with Judge Cavan in full. Therefore,
IT IS ORDERED the proposed findings and recommendations entered by
United States Magistrate Judge Cavan (Doc. 22) are ADOPTED IN FULL.
IT IS FURTHER ORDERED that this matter is DISMISSED for failure to
state a claim.
IT IS ALSO ORDERED THAT
The Clerk of Court is directed to close this matter and enter judgment in
favor of Defendant pursuant to Rule 58 of the Federal Rules of Civil Procedure.
The Clerk of Court is also directed to have the docket reflect that the Court
certifies that pursuant to Rule 24(a)(3)(A) of the Federal Rules of Appellate
Procedure any appeal of this decision would not be taken in good faith. No
reasonable person could suppose an appeal would have merit. The record makes
plain that the Amended Complaint lacks arguable substance in law or fact.
The Clerk of Court is directed to have the docket reflect that this dismissal
counts as a strike pursuant to 28 U.S.C. § 1915(g) because Helm failed to state a
claim upon which relief may be granted.
JL~ of October 2017.
United States District Judge
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