McClanahan v. Kirkegard et al
Filing
12
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 11 in full. Matter DISMISSED WITH PREJUDICE. This dismissal counts as a strike pursuant to 28 U.S.C. Section 1915(g). Any appeal would not be taken in good faith. Signed by Judge Dana L. Christensen on 9/10/2013. Mailed to McClanahan. (TAG, )
FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
SHANE MCCLANAHAN,
SEP 1 0 2013
Clerk.
u.s. District Court
District Of Montane
Missoula
CV 13-0002-H-DLC-RKS
Plaintiff,
ORDER
vs.
LEROY KIRKEGARD, et aI.,
Defendants.
United States Magistrate Judge Keith Strong entered Findings and
Recommendation on August 5, 2013 and recommended dismissing Plaintiff Shane
McClanahan's amended complaint with prejudice for failure to state a claim for
relief against any of the named Defendants. Plaintiff did not timely object to the
Findings and Recommendations, 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
Recommendations for clear error. McDonnell Douglas 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).
McClanahan filed his amended complaint after being granted leave by
Judge Strong in his Order of March 25,2013. Judge Strong found that the
amended complaint failed to state a federal claim for relief because it neither
alleged specific conduct by the Defendants nor implicated a liberty interest.
Further, Judge Strong concluded that McClanahan has been given an opportunity
to amend defects in his original complaint and failed to do so. After a review of
Judge Strong's Findings and Recommendation, I fmd no clear error. Accordingly,
IT IS HEREBY ORDERED that Judge Strong's Findings and
Recommendation (doc. 11) are adopted in full. This matter is DISMISSED WITH
PREJUDICE.
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 of this decision
would not be taken in good faith. The docket shall also reflect this dismissal
counts as a strike pursuant to 28 U.S.C. § 1915(g).
~
Dated this ~ day of September
Dana L. Christensen, Chie Judge
United States District Court
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