Wilson v. United States

Filing 9

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 8 in full. Any appeal of this decision would not be taken in good faith. Signed by Judge Dana L. Christensen on 8/17/2017. Mailed to Wilson (TAG)

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FILED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION AUG 1 7 2017 Clerk, U S District Court District Of Montana Missoula CV 16-76-H-DLC-JTJ RAY DEAN WILSON, Petitioner, ORDER vs. THE UNITED STATE JUDGESHIP, JERISDICTION [sic] VENUE, Respondent. United States Magistrate Judge John T. Johnston entered his findings and recommendations in this case on June 28, 2017, recommending that this action be dismissed with prejudice for failure to state a claim. Plaintiff Ray Dean Wilson ("Wilson") failed to timely object to the findings and recommendations, and so waived the right to de novo review of the record. 28 U.S.C. ยง 636(b)(l). The Court will therefore review the record for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). After reviewing the record and finding no clear error, IT IS ORDERED that Judge Johnston's findings and recommendations (Doc. 8) are ADOPTED IN FULL. (1) This case is DISMISSED WITH PREJUDICE. -1- (2) 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 should be 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. DATED this l '1-~ay of August, 20 .. Dana L. Christensen, Chief Judge United States District Court -2-

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