Mascarena v. Berkebile et al
Filing
6
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 4 in full. Complaint 2 DISMISSED with prejudice. Signed by Judge Brian Morris on 9/29/2015. Mailed to Mascarena at CCC address listed on BOP website. (TAG, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
THOMAS MASCARENA,
Plaintiff,
CV-15-50-GF-BMM
vs.
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
al.,
ORDER
Defendants.
United States Magistrate Judge John Johnston issued an Order on
June
16, 2015, informing Plaintiff Thomas Mascarena (Mascarena) that the pro se
Complaint he had filed in this matter failed to state a claim upon which relief could
be granted, and was therefore subject to dismissal. (Doc. 1 at 21). Judge Johnston
gave Mascarena an opportunity to cure the defects in the Complaint by filing an
Amended Complaint on or before July 24, 2015. (Doc. 1 at 21, 25). Judge
Johnston informed Mascarena that the failure to file a timely Complaint could result
in the dismissal of this action. (Doc. 1 at 23). Mascarena did not file an Amended
Complaint.
Judge Johnston further informed Mascarena on June 16, 2015, that he must
either pay the fee required for filing a lawsuit in federal court, or file a motion to
proceed in forma pauperis, on or before July 10, 2015. (Doc. 1 at 25). Mascarena
did neither.
Judge Johnston entered Findings and Recommendations in this matter on
August 24, 2015. (Doc. 4). Judge Johnston recommended that this case be
dismissed because Mascarena had failed to comply with the Court’s Order of June
16, 2015. (Doc. 4 at 2). Mascarena did not file objections to Judge Johnston’s
Findings and Recommendations.
The Court has reviewed Judge Johnston’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 Johnston’s
Findings and Recommendations, and adopts them in full. Dismissal of this action is
appropriate given Mascarena’s failure to comply with the Court’s Order of
June 16, 2015. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992).
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Accordingly, IT IS ORDERED:
1.
Plaintiff’s Complaint (Doc. 2) is DISMISSED with prejudice.
2.
The Clerk is directed to enter judgment accordingly.
DATED this 29th day of September, 2015.
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