Sadler v. Sheriff Dutton et al

Filing 20

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS in full. Any appeal of this decision would not be taken in good faith. This dismissal counts as a strike pursuant to 28 U.S.C. Section 1915(g). Signed by Judge Dana L. Christensen on 8/30/2017. Associated Cases: 6:16-cv-00083-DLC, 6:17-cv-00042-DLC, 9:17-cv-00026-DLC-JCL (TAG)

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

TIMOTHY RAY SADLER,

CV 16-83-H-DLC-JTJ
(CV 17-00026-M-DLC-JCL)
(CV 17-00042-H-DLC-JTJ)

Plaintiff,
vs.
SHERIFF DUTTON, et al.,

ORDER

Defendants.

United States Magistrate Judge John Johnston entered his Findings and
Recommendations on July 28, 2017, recommending dismissal of Civil Action Nos.
CV 16-00083-H-DLC-JTJ, CV 17-00026-M-DLC-JCL, and CV
17-00042-H-DLC-JTJ. Plaintiff Timothy Sadler ("Sadler") has failed to timely
object to the Findings and Recommendations, and, as a result, has 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 ifthe
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
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omitted).
Having reviewed the Findings and Recommendations, the Court finds no
clear error in Judge Johnston's conclusion that Sadler's various civil actions in
this Court must be dismissed. As discussed in Judge Johnston's Order dated June
1, 2017, Sadler was given until June 30, 2017, to submit one global amended
complaint that: (1) clarified his allegations against defendants; (2) provided
specific allegations regarding his claims; and (3) provided specific factual
allegations against each named defendant. (Doc. 18.) Because Sadler failed to file
an amended complaint per Judge Johnston's Order, the following pending actions
will be dismissed: Civil Actions Nos. CV 16-00083-H-DLC-JTJ, CV
17-00026-M-DLC-JCL, and CV 17-00042-H-DLC-JTJ.
Accordingly, there being no clear error in Judge Johnston's Findings and
Recommendations, IT IS ORDERED that:
(1) Judge Johnston's Findings and Recommendations (Doc. 18) is
ADOPTED IN FULL.
(2) Civil Action Nos. CV 16-00083-H-DLC-JTJ, CV
17-00026-M-DLC-JCL, and CV 17-00042-H-DLC-JTJ are DISMISSED WITH
PREJUDICE for failure to state a claim.
(3) The Clerk of Court is directed to close this matter and enter
judgment in favor of Defendants under Rule 58 of the Federal Rules of Civil

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Procedure.
(4) The Clerk of Court is directed to have the docket reflect that the
Court certifies under 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
Complaint lacks arguable substance in law or fact.
( 5) The Clerk of Court is directed to have the docket in Civil Action
, No. 16-00083-H-DLC-JTJ reflect that this dismissal counts as a strike under 28
U.S.C. § 1915(g) because Mr. Sadler failed to state a claim upon which relief may
be granted.

~day of August, 201

Dated this 3D

Dana L. Christensen, Chief Judge
United States District Court

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