Leathers v. Montana C.S.E.D. et al

Filing 4

ORDER ADOPTING 3 FINDINGS AND RECOMMENDATIONS in full. This case 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 7/21/2016. Mailed to Leathers. (TAG, )

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

JUL 2 1 2016
Clerk, U S District Court
District Of Montana
Missoula

CV 16-44-H-DLC-JTJ

JOHN FREDERICK LEATHERS,
Plaintiff,

ORDER
vs.
MONTANA C.S.E.D., ECHO D.
NISSEN, JOHN LARSON, CELESTE
WILLIS, and LESLIE HALLIGAN,
Defendants.
United States Magistrate Judge John T. Johnston entered an order, findings,
and recommendations in this case on June 20, 2016, granting Plaintiff John
Frederick Leathers' ("Leather") motion to proceed in forma pauperis, but
otherwise recommending that his case be dismissed. Leathers 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 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 conclusions that Leathers' claims are either time
barred or subject to dismissal based upon principles of judicial immunity.
Accordingly, IT IS ORDERED that Judge Johnston's findings and
recommendations (Doc. 3) are ADOPTED IN FULL. This case is DISMISSED
WITH PREJUDICE. The Clerk of Court shall CLOSE this matter and enter
judgment in favor of Defendants pursuant to Rule 58 of the Federal Rules of Civil
Procedure.
IT IS FURTHER ORDERED that the Clerk of Court shall have the docket
reflect that this dismissal counts as a strike pursuant to 28 U.S.C. § 1915(g) based
upon Leathers' failure to file within the applicable statutes of limitation.
IT IS FURTHER ORDERED that the Clerk of Court shall 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.
DATED this

2..\ stday of July, 2016

Dana L. Christensen, Chief Judge
United States District Court

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