Calkins v. Morrison et al

Filing 12

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL AND THIS ACTION IS DISMISSED WITHOUT PREJUDICE. Signed by Judge Donald W. Molloy on 5/31/2017. (AMC)

FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION

MAY 312017
Clerk,

u.s Coorts

District Of Montana
Missoula Division

CV 16-169-BLG-DWM-JCL

KELLY KAY CALKINS,
Plaintiff,

ORDER

vs.
GRANT MORRISON, KEVIN
IFFLAND, RICH ST. JOHN, and
BILLINGS POLICE DEPARTMENT,
Defendants.

United States Magistrate Judge Lynch entered a Findings and
Recommendation on May 1, 201 7, recommending the Court dismiss this action
without prejudice pursuant to Federal Rule of Civil Procedure 4(m). (Doc. 11.)
Because Plaintiff Kelly Kay Calkins did not file objections, Judge Lynch's
conclusions are reviewed for clear error. McDonnell Douglas Corp. v.
Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Clear error
exists if the Court is left with a "definite and firm conviction that a mistake has
been committed." Concrete Pipe & Prods. of Cal., Inc. v. Constr. Laborers
Pension Trust for S. Cal., 508 U.S. 602, 623 (1993) (internal quotation marks
omitted).
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Calkins has failed to show good cause for the failure to serve Defendants in
this action. Accordingly, IT IS ORDERED that Judge Lynch's Findings and
Recommendation (Doc. 11) is ADOPTED-IN-FULL. This action is DISMISSED
WITHOUT PREJUDICE. See Fed. R. Civ. P. 4(m).
DATED this

°31 'tay ofMay, 2017.

, District Judge
ict Court

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