Longtree v. Fort Peck Tribes Police Department et al

Filing 15

FINDINGS AND RECOMMENDATIONS re 2 Complaint IFP/Prisoner filed by Michael Dale Longtree Objections to F&R due by 8/28/2009. Signed by Magistrate Keith Strong on 8/11/2009. (SLL, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA GREAT FALLS DIVISION

MICHAEL D. LONGTREE, Plaintiff, vs. FORT PECK TRIBES POLICE DEPARTMENT, et al., Defendants. Plaintiff Mr. Michael D. Longtree, was granted permission to proceed in forma pauperis in this action alleging a violation of his rights under 42 U.S.C. § 1983. (C.D. 4.) The Court has jurisdiction pursuant CV-09-55-GF-SEH-RKS FINDINGS AND RECOMMENDATIONS OF MAGISTRATE JUDGE TO DISMISS COMPLAINT

to 28 U.S.C. § 1331.
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The initial complaint submitted by Mr. Longtree was screened according to 28 U.S.C. § 1915(e)(2) and it failed to state a claim. (Id.) Mr. Longtree was

allowed to file an amended complaint and instructed how to do so. (Id.) Mr. Longtree then retained counsel

and was given an additional 20 days to file an amended complaint. (C.D. 6, 12, 13.) Counsel notified the (C.D.

Court he could ascertain no cause of action. 14.) No amended complaint was filed.

Because Mr. Longtree's complaint fails to state a claim (see C.D. 4), and because he did not file an amended complaint as instructed, IT IS HEREBY RECOMMENDED that: 1. Mr. Longtree's complaint should be DISMISSED

with prejudice; 2. The Clerk of Court should enter judgment

pursuant to Fed.R.Civ.P 58 indicating this action is dismissed for failure to state a claim. NOTICE OF RIGHT TO OBJECT AND CONSEQUENCES OF FAILURE TO OBJECT Pursuant to 28 U.S.C. § 636(b)(1), Mr. Longtree may
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serve and file written objections to these Findings and Recommendations within ten (10) business days of the date entered as indicated on the Notice of Electronic Filing. A district judge will make a de novo

determination of those portions of the Findings and Recommendations to which objection is made. The

district judge may accept, reject, or modify, in whole or in part, the Findings and Recommendations. Failure

to timely file written objections may bar a de novo determination by the district judge. DATED this 11th day of August, 2009.

/s/ Keith Strong Keith Strong U.S. Magistrate Judge

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