Henderson v. Mr. McTighe et al

Filing 8

ORDER ADOPTING 7 FINDINGS AND RECOMMENDATIONS in full. Any appeal of this decision would not be taken in good faith. Signed by Judge Brian Morris on 9/9/2021. Mailed to Henderson (TAG)

Case 4:21-cv-00067-BMM Document 8 Filed 09/09/21 Page 1 of 2

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

DANIEL JOSEPH HENDERSON,
CV 21-67-GF-BMM-JTJ

Plaintiff,
vs.

ORDER

MR. MCTIGHE, MS. POWELL,
MR. MADRID, MS. ALSTEAD,
MR. MONTGOMERY,
MR. DELELLA, MR. TROMBLEY,
MR. BIRKEBILE, MR. NELSON,
MR. VINES, MR. JOHNSON,
MR. MORHARDT, and
MR. WIRSCHING,
Respondents.

United States Magistrate Judge John T. Johnston entered his Findings and
Recommendations in this case on August 18, 2021 (Doc. 7). Judge Johnston
recommended that Plaintiff’s complaint (Doc. 2) should be DISMISSED; that the
Clerk of Court should be directed to close this matter; and 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.
No party has filed an objection to the Findings and Recommendations. The
Court has reviewed Judge Johnston’s Findings and Recommendations for clear
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Case 4:21-cv-00067-BMM Document 8 Filed 09/09/21 Page 2 of 2

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.
IT IS ORDERED that Judge Johnston’s Findings and Recommendations
(Doc. 7) are ADOPTED IN FULL.
1. Henderson’s Complaint (Doc. 2) is DISMISSED;
2. 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
3. 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 September, 2021.

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