Bull Plume v. Deyott
Filing
12
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 10 in full. Bullplume's delayed mail claim is DISMISSED for failure to state claim. Signed by Judge Donald W. Molloy on 4/20/2012. Mailed to Bullplume. (TAG, )
FILED
APR 20 2012
PATRICK E. DUFFY, CLERK
By
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IN TIIE UNIlED STAlES DISTRICT COURT
FOR TIIE DISTRICT OF MONTANA
HELENA DIVISION
SHANNON DAVID BULLPLUME,
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Plaintiff,
vs.
MAILROOM SUPERVISOR
DENISE DEYOTT,
Respondents.
cv 11-56-H-DWM-RKS
ORDER
United States Magistrate Judge Keith Strong entered Findings and
Recommendation in this matter on March 8, 2012 and recommended dismissing
Bullplume's delayed legal mail claim} Bullplume did not timely object to this
recommendation, and so has waived the right to de novo review of the record. 28
U.S.C. § 636(bXI). This Court will review the Findings and Recommendation for
'Bullpiume's other claims survive.
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clear error. McDormell Douglas Cor:p. 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 Staies v. Syrax,
235 F.3d 422, 427 (9th Cir. 2000).
Bullplume alleges he received three letters between four and 20 days after
they were mailed. As found by Judge Strong in his January 3,2012 Order(doc.
5), these temporary delays do not rise to the level of constitutional violations.
Crofton v. Roe, 170 F.3d 957, 961 (9th Cir. 1999). And Bullplume does not
appear to have exhausted his administrative remedies. Bullplume does not allege
any new facts in his Amended Complaint to correct these errors. 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 #10) are adopted in full. Bullplume's delayed mail claim is
DISMISSED for failure to state claim.
c-.
Dated this~day ofApril 20, 2012.
ylVl,,,loy, District Judge
istri ct Court
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