Young v. O'Fallon et al

Filing 37

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 35 in full. Any appeal of this decision would not be taken in good faith. Signed by Judge Brian Morris on 7/10/2019. Mailed to Young. (TAG)

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

ADAM CLARK YOUNG,
CV 18–00074–GF–BMM–JTJ
Plaintiff,
ORDER

vs.
CPT. DAN O’FALLON and RUSS
DANAHER,
Defendants.

Plaintiff Adam Clark Young (“Young”), a pro se prisoner proceeding
without counsel, filed a Complaint (Doc. 2) alleging that Defendants violated his
rights under the American with Disabilities Act, and the Eighth and Fourteenth
Amendments.
The Court’s Scheduling Order of January 9, 2019, (Doc. 21) directed Young
to file an initial disclosure statement within 60 days. (Doc. 21 at 1-3.) Young did
not comply. On April 8, 2019, the Court again directed Young to file a disclosure
statement within 30 days. (Doc. 30.) On April 5, 2019, Defendant Russ Danaher
(“Danaher”) filed a Motion for Summary Judgment (Doc. 26.) On April 22, 2019,
Young filed a motion for appointment of counsel and a notice of address change.
(Docs. 31 & 32.) The Court denied Young’s request for counsel (Doc. 34.) Due to

-1-

Young’s change of address, the Court again ordered him to file his disclosure
statement and respond to Danaher’s Motion for Summary Judgement by May 28,
2019. Id.
Nearly 40 days have elapsed since the Court last directed Young to file a
disclosure statement and respond to Danaher’s Motion for Summary Judgement.
Young has failed to comply with the Court’s Scheduling Order and has not
responded to Danaher’s Motion for Summary Judgement.
Magistrate Judge John Johnston entered his Finding and Recommendations
in this matter on May 11, 2019. (Doc. 35.) Judge Johnston determined that based
on Young’s failure to comply with the Court’s January 9, 2019, Scheduling Order
and his failure to respond to Danaher’s Motion for Summary Judgment this matter
should be dismissed pursuant to Rule 41(b) of the Rules of Civil Procedure. Id. at
2. Young did not object to Judge Johnston’s Findings and Recommendations.
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.

-2-

IT IS ORDERED that Judge Johnston’s Findings and Recommendations
(Doc. 35) are ADOPTED IN FULL.
IT IS FURTHER ORDERED that Young’s action is DISMISSED
WITHOUT PREJUDICE pursuant to Rule 41(b) of the Rules of Civil Procedure.
IT IS FURTHER ORDERED that the Clerk of Court is directed to close
this matter and enter judgment pursuant to Rule 58 of the Federal Rules of Civil
Procedure, 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 would not be
taken in good faith.

DATED this 9th day of July, 2019.

-3-