Postlewaite v. Crossroads Corrections Center et al

Filing 10

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 7 in full. Plaintiff's Complaint is DISMISSED without prejudice for failure to exhaust administrative remedies. Any appeal from this disposition will not be taken in good faith. Signed by Judge Sam E Haddon on 5/31/2011. Mailed to Postlewaite. (TAG, )

FILED

2011 rlRV 31 Pr112 35
ri'"TfliCI( E CUFFY, CLERK

IN THE UNITED STATES DISTRICT COURT

DEPUTY CLERK

FOR THE DISTRICT OF MONTANA

GREAT FALLS DIVISION

ANDREW M. POSTLEWAITE,
Plaintiff,

No. CV-1l-22-GF-SEH

vs.

ORDER
CROSSROADS CORRECTIONS
CENTER, and THE MONTANA
DEPARTMENT OF CORRECTIONS,
Defendants.

On May 18,2011, United States Magistrate Judge Keith Strong entered his
Findings and Recommendations l in this matter. Plaintiff filed objections2 on May
23,2011. The Court reviews de novo findings and recommendations to which
objections are made. 28 U.S.c. § 636(b)(1).
Upon de novo review of the record, I find no error in Judge Strong's

I

Document No.7

, Document No.9

Findings and Recommendations and adopt them in full.
ORDERED:
1.

Plaintiff's Complaint3 is DISMISSED without prejudice for failure to

exhaust administrative remedies.
2.

The Clerk is directed to enter judgment accordingly.

3.

Any appeal from this disposition will not be taken in good faith

because Plaintiff has failed to exhaust administrative remedies and no reasonable
person could suppose an ~al would have merit. Fed. R. App. P. 24(a)(3)(A).
DATED this

--dl &yofMay, 2011.

~eL~
United States District Judge

3

Document No.2
2