Wells v. Cashill et al

Filing 11

ORDER ADOPTING 10 FINDINGS AND RECOMMENDATIONS. Wells's Complaint 2 is DISMISSED, and the Court certifies that any appeal would not be taken in good faith. Signed by Judge Richard F. Cebull on 7/20/2012. Mailed to Wells. (TAG, )

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FILED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA JUL 202012 PATRICK E. DUFFY CLERK BY BUTTE DIVISION -~De=pu~ty~cf;:::;9rk;:---- U.S. DISTRICT COURT BILLINGS DIVISION Plaintiff, vs. SHERIFF JIM CASHILL, et al., ) ) ) ) ) CV-11-69-BU-RFC-CSO ) ) GLORIA WELLS" ORDER ADOPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE ) ) Defendants. ) -------------------------) Plaintiff Gloria Wells has again failed to file an amended complaint as required by Magistrate Judge Ostby'S Findings and Recommendations. Docs. 7 & 10. Accordingly, IT IS HEREBY ORDERED that Wells's Complaint (doc. 2) is DISMISSED. The Clerk of Court is directed to enter a judgment of dismissal and close this case. Finally, the Clerk of Court shall 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. Wells's failure to state a claim upon which relief may be granted is so clear 1 that no reasonable person could suppose that an appeal would have merit as she has failed to prosecu~~ase. Dated thiS~ day of July, 2012. CHARD F. CEBULL UNITED STATES DISTRICT JUDGE 2

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