Kelly v. Brown

Filing 7

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS in FULL for 6 Findings and Recommendations. Any appeal of this decision would not be taken in good faith. Signed by Judge Dana L. Christensen on 2/25/2016. (HEG, ) Modified on 2/25/2016 mailed to Kelly(HEG, ).

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

STEVE KELLY,

FEB 25 2016
Clerk, U.S Courts
District Of Montana
Missoula Division

CV 16-03-H-DLC-JTJ
Plaintiff,
ORDER

vs.
SCOTT BROWN,
Defendant.
United States Magistrate Judge John Johnston entered his Order, Findings
and Recommendations in this matter on January 25, 2016, recommending
dismissal of Plaintiff Steve Kelly's ("Kelly") Complaint. Kelly failed to timely
object to the Findings and Recommendations, and so waived his right to de novo
review of the record. 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 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 Kelly's Complaint should be
dismissed because the Court lacks subject matter jurisdiction over this matter.
Further, the Court agrees that Kelly's Complaint fails to state a claim for relief and
cannot be cured by amendment. Because Kelly cannot bring forth facts supporting
a federal cause of action, and all that remain are state law claims, the Court
exercises its discretion under 28 U.S.C. § 1367(c)(3) and declines jurisdiction over
Kelly's state law claims.
IT IS ORDERED that:
(1) Judge Johnston's Findings and Recommendations (Doc. 6) are
ADOPTED IN FULL.
(2) Plaintiff Steve Kelly's Complaint (Doc. 2) is DISMISSED with
prejudice. The Clerk of Court is directed to close this matter and enter judgment
pursuant to Rule 58 of the Federal Rules of Civil Procedure.
(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 2S"+£aay of February, 2016.

Dana L. Christensen, Chief Judge
United States District Court

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