Petersen v. State of Montana et al
Filing
8
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 6 in full. This action is DISMISSED WITH PREJUDICE for failure to state a claim. This dismissal counts as a strike pursuant to 28 U.S.C. Section 1915(g). The Court certifies that any appeal of this decision would not be taken in good. Signed by Judge Donald W. Molloy on 4/29/2011. Mailed to Peterson. (TAG, )
FILED
APR 292011
PATRICK E, DUFfY, CLERK
By'-=oe=P""'urv=C""lEC::::R1(;-C,t.M"'SSOUlA=~-
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
DALE PETERSEN,
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Plaintiff,
vs.
STATE OF MONTANA, et aI.,
Defendants.
CV 10-57-H-DWM-RKS
ORDER
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Plaintiff Dale Petersen filed his Complaint on December 13,2010.
Magistrate Judge Keith Strong entered an Order on February 8, 2011 which
detennined the Complaint was subject to dismissal for failing to state a claim upon
which relief can be granted, Judge Strong identified defects which could
potentially be cured by the allegation of additional facts and gave Peterson until
March 11, 2011 to file an amended complaint. Petersen did not comply. Judge
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Strong entered Findings and Recommendation on April 5, 2011 and recommended
dismissing Petersen's Complaint for failure to state a claim on which relief may be
granted. Plaintiff did not timely object to the Findings and Recommendation, and
so has waived the right to de novo review ofthe record. 28 U.S.c. § 636(b)(1).
This Court will review the Findings and Recommendation for clear error.
McDonnell Doujilas Corp. v. Commodore Bus, Mach.. Inc., 656 F.2d 1309, 1313
(9th Cir. 1981). 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).
After a review of Judge Strong's Findings and Recommendation, I find no
clear error. Accordingly,
IT IS HEREBY ORDERED that Judge Strong's Findings and
Recommendation (dkt #6) are adopted in full. This action is DISMISSED WITH
PREJUDICE for failure to state a claim on which relief may be granted. The
Clerk of Court is directed to close this matter and enter judgment pursuant to Rule
58 of the Federal Rules of Civil Procedure,
IT IS FURTHER ORDERED that this dismissal counts as a strike pursuant
to 28 U.S.C. § 1915(g). The Clerk of Court is directed to have the docket reflect
that the Court certified pursuant to Rule 24( a)(3)(A) of the Federal Rules of
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Appellate Procedure that any appeal of this decision would not be taken in good
faith.
Dated this
).1J-of April, 2011.
day
loy, District J ge
istrict Court
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