Taylor v. Meadows et al

Filing 10

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 9 in full. Plaintiff's Complaint is DISMISSED for failure to state a claim. Any appeal of this decision would not be taken in good faith. Signed by Judge Dana L. Christensen on 11/27/2012. Mailed to Taylor. (TAG, )

FILED

NOV 27 2012
Clerk. u.s Distrid Court

Distrid Of Montana

Missoula

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

HELENA DIVISION

)
)
)
)
)
)
)

)

)

JACKIE TAYLOR,
Plaintiff,
vs.
KATE MAJIVER, et ai.,
Defendants.

CV 12-72-H-DLC-RKS

ORDER

---------------------------)
United States Magistrate Judge Keith Strong entered Findings and
Recommendation on October 16, 2012, and recommended dismissing Plaintiff
Jackie Taylor's Complaint because her allegations fail to state a claim for relief
against any of the named Defendants. Plaintiff did not timely object to the
Findings and Recommendation, and so has waived the right to de novo review of
the record. 28 U.S.C. § 636(b)(1). This Court will review the Findings and
-1­

Recommendation for clear error. McDonnell Douglas Corp. v. Commodore Bus.
Mach., Inc., 656 F.2d 1309,1313 (9th Cir. 1981). Clear error exists ifthe 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).
Ms. Taylor was advised by Court order that her case was subject to
dismissal for failure to state a claim upon which relief could be granted. The
August 15,2012 Order set forth instructions regarding the basics of stating claims
and gave her an opportunity to file an amended complaint using the court­
approved form. Taylor did not follow these instructions. 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 (doc. 9) are adopted in full. Plaintiffs Complaint is
DISMISSED for failure to state a claim upon 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 the docket shall reflect that the Court
certifies pursuant to Fed.R.App.P. 24(a)(3)(A) that any appeal ofthis decision
would not be taken in good faith. The record makes plain that Ms. Taylor's failure
to state a claim is so clear no reasonable person could suppose an appeal would
-2­

have merit.

+t,

DATED this bI. day of November,

Dana L. Christensen, District Judge
United States District Court

-3­