Carrell v. Rantz et al

Filing 33

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 32 in full. Matter DISMISSED WITH PREJUDICE pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. Any appeal of this decision would not be taken in good faith. Signed by Judge Donald W. Molloy on 4/20/2015. Mailed to Carrell. (TAG, )

FILED

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION

DANIEL mSTIN CARRELL,

APR 2 0 2015
Cieri<, u.s. District Court
District Of Montana
Missoula

CV 13-58-H-DWM-JTJ

Plaintiff,
ORDER

vs.
ELIZABETH RANTZ, MIKE
FERRITER, DR. KOHUT, DR.
EUNICE, and NURSE TONYA,
Defendants.

This matter comes before the Court on Plaintiff Daniel Justin Carrell's
failure to respond to Magistrate Judge John Johnston's Order requiring Carrell to
show cause why this matter should not be recommended for dismissal with
prejudice for failure to prosecute. (Doc. 31.) Judge Johnston entered Findings
and Recommendations on March 18,2015, recommending the Court dismiss this
matter with prejudice pursuant to Rule 41 (d) of the Federal Rules of Civil
Procedure. (Doc. 32.) Carrell has not filed objections to Judge Johnston's
Findings and Recommendations.
The Court reviews the findings and recommendations that are not
specifically objected to for clear error. McDonnell Douglas Corp. v. Commodore
-1­

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). The Court
finds no clear error with Judge Johnston's analysis or determination that this
matter should be dismissed for lack of prosecution and for failure to comply with
the Court's Order.
Accordingly, IT IS ORDERED that the Findings and Recommendations
(Doc. 32) are ADOPTED IN FULL.
IT IS FURTHER ORDERED that this matter is DISMISSED WITH
PREJUDICE pursuant to Rule 41(b) ofthe Federal Rules of Civil Procedure. The
Clerk of Court is directed to close this matter, enter judgment pursuant to Rule 58
of the Federal Rules of Civil Procedure, and terminate all pending motions.
IT IS FURTHER ORDERED that the Clerk of Court is directed to have the
docket reflect that the Court certifies pursuant to Rule 24(a)(3)(A) ofthe Federal
Rules of Appellate Procedure that any appeal of this decision would not be taken
in good faith.

/-­
DATED this.Jj2 day of April, 2015.

, District Judge
ict Court
-2­