Flagg v. Lynch

Filing 9

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 7 in full. Complaint isDISMISSED WITHOUT PREJUDICE. Signed by Judge Brian Morris on 10/18/2017. Mailed to Flagg (TAG)

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

ROYAL DOMINGO FLAGG,
CV-16-118-GF-BMM-JTJ
Petitioner,
v.
LORETTA LYNCH,
ORDER ADOPTING MAGISTRATE
JUDGE’S FINDINGS AND
RECOMMENDATIONS

Defendants.

United States Magistrate Judge John Johnston entered Findings and
Recommendations in this matter on September 20, 2017. (Doc. 7.) No party filed
objections.
Given that no objections were filed, 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.
I.

BACKGROUND

Plaintiff Royall Flagg (“Flagg”) filed a Complaint on November 16, 2016.
(Doc. 2.) Judge Johnston issued an Order on June 8, 2017, finding that Flagg’s
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Complaint failed to state a claim upon which relief could be granted. (Doc. 5.)
Judge Johnston’s Order provided Flagg an opportunity to file an amended
complaint within thirty days. (Doc. 5. at 8-9.)
Judge Johnston’s Order was mailed to Flagg on June 8, 2017, and returned
as undeliverable on July 5, 2017. (Doc. 6.) Judge Johnston’s Findings and
Recommendations were mailed to Flagg on September 20, 2017, and returned as
undeliverable on October 10, 2017. (Doc. 8.)
II.

DISCUSSION

Judge Johnston recommends dismissal without prejudice for Flagg’s failure
to notify the Court of his change of address. (Doc. 7 at 2.)
This District’s Local Rule 5.2(b) provides that the Court may dismiss a
complaint without prejudice when a document has: (1) been returned as
undeliverable, and (2) the Court does not receive within 60 days of the return a
written communication updating the party’s address for service.
The 60 day period in which Mr. Flagg was to file such notice lapsed on
September 4, 2017. Nothing in the record indicates that Mr. Flagg has filed a
written notice informing the Court of his change of address.
III.

ORDER

Accordingly, IT IS ORDERED that Magistrate Judge Johnston’s Findings
and Recommendations (Doc. 7) is ADOPTED IN FULL. Flagg’s Complaint is
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DISMISSED WITHOUT PREJUDICE pursuant to L.R. 5.2(b).
DATED this 16th day of October, 2017.

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