Longtine v. Krum et al
Filing
8
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 7 in full. This matter is dismissed. 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 5/20/2016. Mailed to Longtine. (TAG, )
FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
MAY 2 0 2016
Clef!<, Y District Court
S
D1stnct Of Montana
Missoula
CV 16-05-H-DLC-JTJ
JUSTIN LEE LONGTINE,
Plaintiff,
ORDER
vs.
TIM KRUM-1.P.P.O WATCH and
GERRI BUTLER-CASE MGR
WATCH,
Defendants.
United States Magistrate Judge John Johnston entered his Order, Findings
and Recommendations in this matter on April 15, 2016, recommending dismissal
of Justin Lee Longtine's ("Longtine") Complaint. Longtine 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. § 63 6(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 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).
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Having reviewed the Findings and Recommendations, the Court finds no
clear error in Judge Johnston's conclusion that Longtine's Complaint fails to state
a claim for relief. Longtine further failed to file an amended Complaint after given
leave to do so.
Accordingly, IT IS ORDERED that:
(1) Judge Johnston's Findings and Recommendations (Doc. 7) are
ADOPTED IN FULL.
(2) This matter is dismissed. 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. The
record makes plain that the Complaint filed in this case is frivolous as it lacks
arguable substance in law or fact.
(4) The Clerk of Court is directed to have the docket reflect that this
dismissal counts as a strike pursuant to 28 U.S.C. § 1915(g). Mr. Longtine failed
to state a claim upon which relief may be granted.
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Dated this
Z..O~day ofMay, 2016.
Dana L. Christensen, Chief Judge
United States District Court
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