Fink v. Montana State Prison et al

Filing 10

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 8 in full. This dismissal counts as a strike pursuant to 28 U.S.C. Section 1915(g). Any appeal of this decision would not be takenin good faith. Signed by Judge Dana L. Christensen on 8/30/2017. Mailed to Fink. (TAG)

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

AUG 3 0 2Vi7
Clerk, U S District Court
D1stnct Of Montana
Missoula

CV 16-00081-H-DLC-JTJ

CHRIS STEVEN FINK,
Plaintiff,

ORDER
vs.
MONTANA STATE PRISON,
YAVONIVICH-UNIT MANAGER,
WILLIS-GUARD,
Defendants.
United States Magistrate Judge John T. Johnston entered Findings and
Recommendations in this case on July 28, 201 7, recommending that Plaintiff Chris
Fink's ("Fink") complaint be dismissed. Fink 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 Fink has failed to state a claim
upon which relief may be granted.
Accordingly, IT IS ORDERED that Judge Johnston's Findings and
Recommendations (Doc. 8) is ADOPTED IN FULL. This case is DISMISSED
WITH PREJUDICE for failure to state a claim.
IT IS FURTHER ORDERED that 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 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.
IT IS FURTHER ORDERED that 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)
because Fink failed to state a claim upon which relief may be granted.
DATED this

~

$ 0 day of August, 20

Dana L. Christensen, Chief Judge
United States District Court
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