Kenfield v. Berkebile et al
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 7 in full. Matter DISMISSED. Signed by Judge Brian Morris on 9/8/2015. Mailed to Kenfield. (TAG, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
DAVID BERKEBILE, WardenCrossroads Correctional Center;
BRANDY SHERRARD, Classification
Coordinator; CAMILLE WANDLER,
Unit Manager; TIMOTHY ALLREDBoard of Pardons and Parole; Officer
BURDITT- Institutional Probation and
Parole Office; MIKE BATISTA,
Director-Department of Corrections;
KARI KINYON, D.O.C. Contract
Monitor; STATE OF MONTANA, et.
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE
Plaintiffs Jeremiah Worm, Kal Kenfield, Jeremy Seminole, and Thomas
Mascarena signed and filed a single Motion to Proceed Without Paying the Filing
Fee, a proposed Complaint, and a proposed order to show cause for a preliminary
injunction and temporary restraining order. (CV 15-31-GF-BMM-JTJ Docs. 1, 2,
2-1). United States Magistrate Judge John Johnston issued an Order severing the
Plaintiff’s claims into four cases, requiring each Plaintiff to either file their own
motion to proceed in forma pauperis or pay the filing fee before July 10, 2015.
Furthermore, Judge Johnston found the Complaint failed to state a claim upon
which relief could be granted, and gave the Plaintiffs an opportunity to file
separate amended complaints on or before July 24, 2015. (Doc. 1). Mr. Kenfield
failed to respond to the Court’s Order, did not pay the filing fee, did not submit a
motion to proceed in forma pauperis, and did not submit an amended complaint.
Judge Johnston entered Findings and Recommendations in this matter on
August 24, 2015. (Doc. 7). Judge Johnston recommended this Court dismiss this
claim for failure to comply with the Court’s Order of June 16, 2015 (Doc. 1) and
close this matter pursuant to Rule 58 of the Federal Rules of Civil Procedure.
Upon service of a magistrate judge’s findings and recommendations, a party
has 14 days to file written objections. 28 U.S.C. § 636(b)(1). Neither party filed
timely objections. When a party makes no objections, the Court need not review de
novo the proposed Findings and Recommendations. Thomas v. Arn, 474 U.S. 140,
149-52 (1986). This Court will review Judge Johnston’s Findings and
Recommendations, however, for clear error. McDonnell Douglas Corp. v.
Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).
This Court finds no clear error in Judge Johnston’s Findings and
Recommendations and adopts them in full.
IT IS HEREBY ORDERED:
1. This matter is dismissed for failure to comply with the Court’s Order of
June 16, 2015. (Doc. 1).
2. The Clerk of Court should be directed to close this matter and enter
judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure.
DATED this 8th day of September, 2015.
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