Scharen v. Frink et al

Filing 58

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 53 in full. Plaintiff's Complaint 2 is DISMISSED with prejudice for failure to prosecute. Any appeal from this disposition will not be taken in good faith. Signed by Judge Sam E Haddon on 1/31/2013. Mailed to Scharen. (TAG, )

FILED

JAN 3 1 2013
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

GREAT FALLS DIVISION

EDWARD EUGENE SCHAREN,
Plaintiff,

CV 11-66-GF-SEH

vs.
ORDER
WARDEN FRINK, as agent of CCC
and MIKE FERRITER, as agent of
Montana DOC,
Defendants.

United States Magistrate Judge Keith Strong entered Findings and
Recommendations in this matter on January 8, 2013. 1 Plaintiff has not filed
objections and has failed to provide this Court and counsel with a valid address for
service. All efforts to contact Plaintiff have been unsuccessful, and all mailings to
Defendant have been returned as undeliverable. 2
No review is required of proposed findings and recommendations to which

1

Document No. 53.

2

Document Nos. 50, 51, 55-57.

no objection is made. Thomas v. Am, 474 U.S. 140,149-152 (1986). But this
Court will review Judge Strong's Findings and Recommendation for clear error.
Upon review, I find no clear error in Judge Strong's Findings and
Recommendation and adopt them in fulL
ORDERED:
1.

Plaintiffs Complaine is DISMISSED with prejudice for failure to

prosecute under Rule 41(b) of the Federal Rules of Civil Procedure.
2.

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

Plaintiff has repeatedly failed to provide this Court with a valid address for
service.
3.

The Clerk is directed to enter judgment accordingly.

DATED this

S.t

-tIL day of January, 2013.

United States District Court

3

Document No.2.
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