Bentley v. Beeson et al

Filing 13

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 12 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 would not be taken in good faith. Signed by Judge Dana L. Christensen on 6/22/2017. Mailed to Bentley. (TAG)

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

JUN 2 2 2017
Clerk U.S. District Court
District Of Montana
Missoula

CV 16-70-H-DLC-JTJ

RAYMOND BENTLEY,
Plaintiff,

ORDER
vs.
A/W MYRON BEESON, et al.,
Defendant.
United States Magistrate Judge John T. Johnston entered findings and
recommendations in this case on June 1, 2017, recommending that Plaintiff
Raymond Bentley's ("Bentley") Complaint be dismissed with prejudice for failure
to state a claim. Bentley 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)(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).
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Having reviewed the findings and recommendations, the Court finds no
clear error in Judge Johnston's conclusion that Bentley has failed to state a claim
upon which relief may be granted.
Accordingly, IT IS ORDERED that Judge Johnston's Findings and
Recommendations (Doc. 12) are ADOPTED IN FULL. This case is DISMISSED
WITH PREJUDICE.
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.
IT IS FURTHER ORDERED that the Clerk of Court shall be directed to
have the docket reflect that this dismissal counts as a strike pursuant to 28 U.S.C.

§ 191 S(g) because Bentley has failed to state a claim upon which relief may be
granted.

~day of June, 2017.

DATED this l l

Dana L. Christensen, Chief Judge
United States District Court
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