Ra-O-Kel-Ly v. Lester
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 5 in full. Complaint 1 is DISMISSED without prejudice. Signed by Judge Brian Morris on 3/20/2017. Mailed to Ra-O-Kel-Ly (TAG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
PROPHET LERAJJAREAN RA-OKEL-LY,
ED LESTER, et al.,
Plaintiff Prophet Lerajjarean Ra-O-Kel-Ly, appearing pro se, filed a
Complaint and a motion to proceed informa pauperis on October 11, 2016.
(Doc. 1). Plaintiff was a prisoner at the Butte-Silver Bow Detention Center on
October 11, 2016. Plaintiff’s incarceration at that the Butte-Silver Bow Detention
Center ended sometime before December 7, 2016. (Doc. 3 at 2). Plaintiff did not
inform the Court of his new address.
United States Magistrate Judge Jeremiah C. Lynch issued an Order on
December 7, 2016, directing Plaintiff to inform the Court of his new address.
(Doc. 3 at 4). The United States Postal Service returned Judge Lynch’s Order to
the Court on December 13, 2016, as “not deliverable.” (Doc. 4). Judge Lynch
issued Findings and Recommendations in this matter on February 17, 2017.
(Doc. 5). Judge Lynch recommended that this case be dismissed without prejudice
pursuant to L.R. 5.2(b) given that Plaintiff had failed to inform the Court of his
new address. (Doc. 5 at 3).
The Court has reviewed Judge Lynch’s Findings and Recommendations for
clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d
1309, 1313 (9th Cir. 1981). The Court finds no error in Judge Lynch’s Findings
and Recommendations, and adopts them in full.
Accordingly, IT IS ORDERED:
Plaintiff’s Complaint (Doc. 1) is DISMISSED without prejudice
under Local Rule 5.2(b).
The Clerk is directed to enter judgment accordingly.
DATED this 20th day of March, 2017.
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