Evans v. Stefalo et al
Filing
11
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 9 in full. Matter is dismissed with prejudice pursuant. Any appeal of this decision would not be taken in good faith. Signed by Judge Dana L. Christensen on 3/22/2016. Mailed to Evans at BOZEMAN PROBATION AND PAROLE. (TAG, )
FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
MAR 2 2 2016
Clerk, U S District Court
District Of Montana
Missoula
CV 15-57-H-DLC-JTJ
ANTHONY L. EVANS,
Plaintiff,
ORDER
vs.
TERRIE STEFALO, TOM WILSON,
and LEROY KIRKEGARD,
Defendants.
United States Magistrate Judge John Johnston entered his Findings and
Recommendations in this matter on February 22, 2016, recommending dismissal
of Plaintiff Anthony L. Evans' s ("Evans") Complaint. The parties failed to timely
object to the Findings and Recommendations, and so waived their right to de novo
review of the record. 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 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) (citations omitted).
Having reviewed the Findings and Recommendations, the Court finds no
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clear error in Judge Johnston's conclusion that multiple factors weigh in favor of
sua sponte dismissal of this case. Chief among the factors cited by Judge Johnston
is Evans's failure to respond to the Court's Order requiring Evans to update his
address in compliance with Local Rule 5.2(a). (Doc. 7.) Evans has yet to comply
with this Order. As such, the Court will adopt Judge Johnston's recommendation
to dismiss this proceeding. Finally, the Court notes that the docket in this manner
reflects that a copy of the Findings and Recommendations was sent to an address
listed for Evans on the Department of Corrections website. (Doc. 10.) This mail,
sent on February 29, 2016, was apparently received at that address as it was not
returned to the Clerk of Court as undeliverable.
IT IS ORDERED that:
(1) Judge Johnston's Findings and Recommendations (Doc. 9) are
ADOPTED IN FULL.
(2) This matter is dismissed with prejudice pursuant to Rule 41(b) of the
Federal Rules of Civil Procedure and Local Rule 5.2(b). The Clerk of Court
shall close this matter.
(3) The Clerk of Court is directed to 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.
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Dated this 22..J,day of March, 2016.
Dana L. Christensen, Chief Juage
United States District Court
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