Klein v. Cascade County Detention Center et al

Filing 29

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS for 28 Findings and Recommendations. Any appeal of this decision will not be taken in good faith. Signed by Judge Brian Morris on 2/6/2019. Mailed to Klein (TAG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
DYLAN LEE MONROE KLEIN,
Plaintiff,

CV 17-104-GF-BMM-JTJ

vs.
CASCADE COUNTY DETENTION
CENTER, PETER MOLNER,
DETENTION CENTER MEDICAL
STAFF, and SGT. GRUBB,

ORDER ADOPTING MAGISTRATE
JUDGE’S FINDINGS AND
RECOMMENDATIONS

Defendants.

Plaintiff Dylan Klein, a prisoner proceeding without counsel. Magistrate
Judge John Johnston issued a Scheduling Order on August 7, 2018, requiring the
parties to file an initial disclosure statement within 60 days and to exchange
documents which may be used in proving or denying any party’s claims or
defenses. (Doc. 19 at 1-3.) Klein did not timely file a disclosure statement. Judge
Johnston issued an Order on October 17, 2018, requiring Mr. Klein to file his

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statement within 30 days. Klein failed to comply with Judge Johnston’s August 7,
2018, and October 17, 2018, Orders.
The Court possesses inherent power to sua sponte dismiss a case for lack of
prosecution or failure to comply with a court order. Henderson v. Duncan, 779
F.2d 1421, 1423 (9th Cir. 1986); see also Fed.R.Civ.P. 41(b). Dismissal should be
imposed as a sanction only in extreme circumstances. Henderson, 779 F.2d at
1423.
Judge Johnston issued Findings and Recommendations in this matter on
January 2, 2019. (Doc. 28.) Judge Johnston recommended the matter be dismissed
pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. Neither 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.
IT IS ORDERED that Judge Johnston’s Findings and Recommendations
(Doc. 28), are ADOPTED IN FULL.

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IT IS FUTHER ORDERED that this matter is DISMISSED pursuant to
Fed.R.Civ.P. 41(b). The Clerk of Court is directed to close this matter, enter
judgment pursuant to Fed.R.Civ.P. 58, and terminate all pending motions.
IT IS FURTHER ORDERED that the Clerk of Court is 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 will not be
taken in good faith.
DATED this 6th day of February, 2019.

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