Strizich v. Edwards et al
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 27 in full. This matter is DISMISSED. Any appeal of this decision would not be taken in good faith. Signed by Judge Brian Morris on 2/7/2017. Mailed to Strizich. (TAG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
ORDER ADOPTING FINDINGS AND
BOB EDWARDS, DAN O’FALLON,
KEITH KAULULAAU, and
The Court issued an Order directing Plaintiff Jory Strizich to file an initial
disclosure statement as required by Paragraph I(A) of the Court’s Scheduling
Order within 30 days. (Doc. 26.) Mr. Strizich has failed to comply with the Court’s
Order. (Doc. 27 at 1.) United States Magistrate Judge John Johnston entered
Findings and Recommendations in this matter on January 20, 2017. (Doc. 27.)
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, 149-52
(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).
Judge Johnston recommended that the Court dismiss Mr. Strizich’s case
because he failed to comply with the Court’s Order. (Doc. 27 at 4.) The Court
specifically advised Mr. Strizich that failure to comply with the Court’s Order
would result in a recommendation that the case be dismissed (Doc. 27 at 1.) Judge
Johnston referenced the public interest, the Court’s interest in managing its docket,
risk of prejudice to the Defendants, the availability of less drastic alternatives, and
public policy in determining that dismissal proves to be the correct path forward.
These factors comprise the legal standard for determining when dismissal should
be imposed as a sanction for failure to comply with a court order. Pagtalunan v.
Galaza, 291 F.3d 639 (9th Cir. 2002) (citing Ferdick, 963 F.2d at 1260-61).
The Court has reviewed Judge Johnston’s Findings and Recommendations
for clear error. The Court finds no error in Judge Johnston’s Findings and
Recommendations, and adopts them in full.
IT IS ORDERED that Judge Johnston’s Findings and Recommendations
(Doc. 27) is ADOPTED IN FULL.
IT IS FURTHER ORDERED that this matter is DISMISSED pursuant to
Rule 41(b) of the Federal Rules of Civil Procedure. The Clerk of Court is directed
to close this matter, enter judgment pursuant to Rule 58 of the Federal Rules of
Civil Procedure, and terminate all pending motions. The Clerk of Court is further
directed to have the docket reflect that the Court certifies, pursuant to Rule
24(a)(3)(A) of the Federal Rules of Appellate Procedure, that any appeal of this
decision would not be taken in good faith.
DATED this 7th day of February, 2017.
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