Jones v. Fort Peck Assiniboine & Sioux Tribes

Filing 7

ORDER adopting Findings and Recommendations 6 in full. Petition 1 is DISMISSED with prejudice. A certificate of appealability is DENIED. Signed by Judge Brian Morris on 3/2/2016. Mailed to Jones. (TAG, )

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

HOWARD JONES,

CV 15-86-GF-BMM-JTJ

Plaintiff,
ORDER ADOPTING UNITED STATES
MAGISTRATE JUDGE’S FINDINGS AND
RECOMMENDATIONS

vs.
FORT PECK ASSINIBOINE &
SIOUX TRIBES,
Defendants.

United States Magistrate Judge John Johnston entered Findings and
Recommendations in this matter on February 5, 2016. (Doc. 6.) Neither party filed
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–
152 (1986). The 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).
Petitioner Howard Jones is a tribal prisoner proceeding pro se. (Doc. 6.)
Judge Johnston ordered Jones to show what steps he had taken to exhaust his tribal
remedies. (Id.) Judge Johnston advised Jones that his failure to respond to the

Court’s order would result in a recommendation that his petition should be
dismissed with prejudice. (Id.)
Jones failed to timely respond to the Order. His petition should be dismissed
with prejudice for failure to exhaust. There exists no clear error in any of the
Magistrate’s Findings and Recommendations, therefore,
IT IS HEREBY ORDERED that Judge Johnston’s Findings and
Recommendations (Doc. 6) is ADOPTED IN FULL. IT IS FURTHER
ORDERED that Jones’ petition (Doc. 1) is DISMISSED with prejudice for failure
to exhaust tribal remedies.
The Clerk of Court is directed to enter, by separate document, a judgment of
dismissal.
A certificate of appealability is DENIED.
DATED this 2nd day of March, 2016.