Azure v. Great Falls Police Department

Filing 11

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 10 in full. Any appeal of this decision will not be taken in good faith. Signed by Judge Brian Morris on 1/31/2019. Mailed to Azure (TAG)

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

BRIAN JAMES AZURE,
CV 18–45–GF–BMM–JTJ
Plaintiff,
ORDER

vs.
GREAT FALLS POLICE
DEPARTMENT,
Defendant.

United States Magistrate Judge John Johnston entered his Findings and
Recommendations in this matter on January 2, 2019. (Doc. 10.) Judge Johnston
determined that Plaintiff Brian Azure failed to state a federal claim upon which
relief may be granted, and recommended dismissal for failure to state a claim. Id. at
1. Neither party filed objections. Absent objection, this Court reviews findings and
recommendations for clear error. United States v. Reyna-Tapia, 328 F.3d 1114,
1121 (9th Cir. 2003) (en banc); Thomas v. Arn, 474 U.S. 140, 149 (1985). Clear
error exists if the Court is left with a “definite and firm conviction that a mistake
has been committed.” United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000)
(citations omitted). The Court finds no error in Judge Johnston’s Findings and
Recommendations.

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IT IS ORDERED that Judge Johnston’s Findings and Recommendations
(Doc. 10) are ADOPTED IN FULL.
IT IS FURTHER ORDERED that this matter is DISMISSED for failure to
state a federal claim against a proper defendant.
IT IS FURTHER ORDERED that the Clerk of Court is directed to close
this matter and enter judgment in favor of Defendants pursuant to Fed.R.Civ.P. 58.
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. No reasonable person could suppose an appeal would have
merit. The record makes plain that the Complaint lacks arguable substance in law
or fact.
DATED this 31st day of January, 2019.

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