McClure v. City of Billings et al
Filing
11
ORDER DISMISSING CASE. This dismissal counts as a strike pursuant to 28 U.S.C. 1915(g). Any appeal of this matter would not be taken in good faith. Signed by Judge Brian Morris on 10/23/2024. Mailed to McClure (TAG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
DEKOTA JAMES MCCLURE,
CV-24-109-BLG-BMM
Plaintiff,
ORDER
vs.
CITY OF BILLINGS POLICE
DEPARTMENT, CHIEF ST. JOHN, DET.
DONAHUE, AND UNKNOWN
DETECTIVE,
Defendants.
Plaintiff Dekota James McClure, proceeding without counsel, filed a
proposed Complaint. (Doc. 2.) The Complaint failed to state a claim, but McClure
was given the opportunity to amend. (Doc. 9.) Despite detailed instruction in the
Court’s prior Order as to the deficiencies in the original Complaint, McClure’s
Amended Complaint likewise fails to state a claim. For the reasons outlined in the
prior Order, incorporated here by reference, and for failure to state a claim,
McClure’s Amended Complaint is dismissed. (Doc. 8.)
Accordingly, it is HEREBY ORDERED:
1.
This action is DISMISSED. The Clerk of Court is directed to close the
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case and enter judgment.
2.
The Clerk of Court shall have the docket reflect that this dismissal
counts as a strike against McClure within the meaning of 28 U.S.C. § 1915. The
Court certifies that appeal of this matter would not be taken in good faith. Fed. R.
App. P. 24(a)(3)(A).
DATED this 23rd day of October, 2024.
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