Wing v. Kirkegard
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 18 in full. This case is DISMISSED. Signed by Judge Dana L. Christensen on 3/13/2017. Mailed to Wing. (TAG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MAR 13 2017
Cle~, l:J.S District Court
District Of Montana
JACOB ALLEN WING,
LEROY KIRKEGARD, et al.,
United States Magistrate Judge John T. Johnston entered findings and
recommendations in this case on January 11, 2017, recommending that Plaintiff
Jacob Allen Wing's ("Wing") complaint be dismissed with prejudice. Wing did
not object to the findings and recommendations, and so has waived the right to de
novo review thereof. 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); 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) (citations omitted).
Having reviewed the findings and recommendations, the Court finds no
clear error in Judge Johnston's conclusion. Wing has refused to comply with
Court orders, refused to participate in discovery, and failed to respond to the
Defendant's motion for summary judgment. Judge Johnston is correct that Wing
has been warned about the consequences of not responding and the Court has
given him ample time to do so.
Accordingly, IT IS ORDERED that Judge Johnston's Findings and
Recommendations (Doc. 18) are ADOPTED IN FULL. This case is DISMISSED.
The Clerk of Court shall CLOSE this matter and enter judgment pursuant to Rule
58 of the Federal Rules of Civil Procedure.
I;~ay of March, 201
Dana L. Christensen, Chief Judge
United States District Court
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