Wallace v. Barclay et al
Filing
11
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 9 in full. Findings and Recommendations. This case is DISMISSED WITH PREJUDICE. This dismissal counts as a strike pursuant to 28 U.S.C. Section 1915(g). Any appeal of this decision would not be taken in good faith. Signed by Judge Dana L. Christensen on 5/23/2016. Mailed to Wallace. (TAG, )
FILED
MAY 2 3 2016
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
GREGORY L. WALLACE,
Clerk, U S Disbict Court
District Of Montana
Missoula
CV 15-42-H-DLC-JTJ
Plaintiff,
ORDER
vs.
TONI BARCLAY, CCCS, INC. PA
McGREELY or McGREEDY, DAVID
PENTLAND, MONTANA STATE
MEDICAL BOARD, and PA KOHUT,
Defendants.
United States Magistrate Judge John T. Johnston entered findings and
recommendations in this case on March 29, 2016, recommending that Plaintiff
Gregory L. Wallace's ("Wallace") complaints be dismissed for failing to state a
claim upon which relief may ~e granted. Wallace timely filed what the Court
construes as objections to the findings and recommendations, and so will conduct
de novo review of those findings and recommendations to which he specifically
objects. 28 U.S.C. § 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);
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Thomas v. Arn, 474 U.S. 140, 149 (1985). Clear error exists ifthe Court is left
11
with a "definite and firm conviction that a mistake has been committed." United
States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000) (citations omitted).
After granting Wallace leave to file an amended complaint on two separate
occasions, Judge Johnston has concluded that the deficiencies in Wallace's
pleadings cannot be cured, and that dismissal is appropriate because Wallace has
yet to allege any viable claim. Judge Johnston has referred to Wallace's filings as
incoherent, a characterization with which this Court agrees. To the extent they can
reasonably be labeled as such, Wallace's objections are likewise incoherent and do
not reference Judge Johnston's findings and recommendations in any way.
Having failed to specifically object to any of Judge Johnston's findings and
recommendations, the Court reviews the record for clear error, and, finding none,
IT IS ORDERED that Judge Johnston's findings and recommendations
(Doc. 9) are ADOPTED IN FULL. This case is DISMISSED WITH PREJUDICE.
The Clerk of Court shall CLOSE this case and enter judgment pursuant to Rule 58
of the Federal Rules of Civil Procedure.
IT IS FURTHER ORDERED that the Clerk of Court shall have the docket
reflect that this dismissal counts as a strike pursuant to 28 U.S.C. § 19 l 5(g).
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
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q
of Appellate Procedure, that any appeal of this decision would not be taken in
good faith.
DATED this
Z3
ye!
day of May, 2016.
Dana L. Christensen, Chief Judge
United States District Court
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