Griffith v. Stefalo et al

Filing 31

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 30 in full. Findings and Recommendations. This case is DISMISSED. Any appeal of this decision would not be taken in good faith. Signed by Judge Dana L. Christensen on 3/13/2017. Mailed to Griffith (TAG)

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

FILED
MAR 13 2017
Clerk, U.S Disarict Court

District Of Montana
Missoula

CV 16-0004-H-DLC-JTJ

ERIC GRIFFITH,
Plaintiff,

ORDER
vs.
TERRIE STEF ALO, CHERIE
BILODEAN, TOM WILSON, and
SERGEANT WOHLMAN,
Defendants.
United States Magistrate Judge John T. Johnston entered findings and
recommendations in this case on February 17, 201 7, recommending that Plaintiff
Eric Griffith's ("Griffith") complaint be dismissed. Griffith 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)(1 )(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).

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Having reviewed the findings and recommendations, the Court finds no
clear error in Judge Johnston's conclusion. Griffith has refused to comply with
Court orders directing him to update his address following his release from
custody. The Court has given him ample time to respond and public policy weighs
in favor of disposition in this case.
Accordingly, IT IS ORDERED that Judge Johnston's Findings and
Recommendations (Doc. 30) are ADOPTED IN FULL. This case is DISMISSED.
IT IS FURTHER ORDERED that the Clerk of Court shall CLOSE this
matter and enter judgment pursuant to Rule 58 of the Federal Rules of Civil
Procedure. The Clerk of Court is also 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 \ ~ day of March, 201

Dana L. Christensen, Chief Judge
United States District Court

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