Leathers v. Larson et al

Filing 4

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 3 in full. This matter is DISMISSED WITH PREJUDICE. 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 7/19/2016. Mailed to Leathers. (TAG, )

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

JOHN FREDERICK LEATHERS,

CV 16-43-H-DLC-JTJ

Plaintiff,
ORDER
vs.
JON W. LARSON, et al.,
Defendants.
United States Magistrate Judge John Johnston entered his Order, Findings
and Recommendations in this matter on June 20, 2016, recommending dismissal
of Plaintiff John Leathers's ("Leathers") Complaint. Leathers 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 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
-1-

clear error in Judge Johnston's conclusion that Leathers's Complaint should be
dismissed because: (1) the majority of his claims are barred by the applicable
statute of limitations; and (2) Judge Larson is immune from suit under the doctrine
of judicial immunity.
Accordingly, IT IS ORDERED that:
(1) Judge Johnston's Findings and Recommendations (Doc. 3) are
ADOPTED IN FULL.
(2) This matter is DISMISSED WITH PREJUDICE. The Clerk of Court
is directed to close this matter and enter judgment in favor of Defendants
pursuant to Rule 58 of the Federal Rules of Civil Procedure.
(3) 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) based upon Leathers's
failure to file within the applicable statute of limitations.
(4) 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. No
reasonable person could suppose an appeal would have merit. The record makes
plain the instant Complaint lacks arguable substance in law or fact.

-2-

Dated this I q""day of July, 2016.

Dana L. Christensen, Chief Judge
United States District Court

-3-