Crouch v. Buck et al
Filing
25
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 24 in full. Case DISMISSED WITH PREJUDICE. Any appeal of this decision would not be taken in good faith. Signed by Judge Dana L. Christensen on 2/18/2016. Mailed to Crouch. (TAG, )
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f
FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
DILLON JAMES CROUCH,
FEB 1 8 2016
Clerk, U.S. District Court
District Of Montana
Missoula
CV 14-24-M-DLC-JTJ
Plaintiff,
ORDER
vs.
JILL BUCK, DR. EDWARDS, DR.
FLYNN, CYNTHIA BOLES, and
BRIAN WINTERS,
Defendants.
United States Magistrate Judge John T. Johnston entered findings and
recommendations in this case on January 11, 2016, recommending dismissal of
this matter with prejudice, pursuant to Rule 41 (b) of the Federal Rules of Civil
Procedure, as a result of Plaintiff Dillon James Crouch's ("Crouch") failure to
prosecute. Crouch did not object to the findings and recommendations, and so has
waived the right to de novo review thereof. 28 U.S.C. ยง 636(b)(l)(C). This Court
reviews for clear error those findings and recommendations to which no party
objects. See McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d
1309, 1313 (9th Cir. 1981); Thomas v. Arn, 474 U.S. 140, 149 (1985). 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)
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..
(citations omitted).
Having reviewed the findings and recommendations, the Court finds no
clear error in Judge Johnston's consideration of the five factors informing a Rule
41(b) analysis, see Pagtalunan v. Galaza, 291F.3d639, 642 (9th Cir. 2002), nor
in his conclusion that Crouch's failure to prosecute and failure to comply with the
Court's order warrant dismissal.
Accordingly, IT IS ORDERED that Judge Johnston's findings and
recommendations (Doc. 24) are ADOPTED IN FULL. This case is DISMISSED
WITH PREJUDICE, pursuant to Rule 41(b) of the Federal Rules of Civil
Procedure. The Clerk of Court shall 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 shall have the docket
reflect that the Court certifies, pursuant to Rule 24(a)(3)(A) of the Federal Rules
of Appellate Procedure, that any appeal of this decision would not be taken in
good faith.
DATED this
~
\t=>
day of February,
L.~
Dana L. Christensen, Chief Judge
United States District Court
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