Connolly v. Beeson et al
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS for 8 Findings and Recommendations this matter is dismissed with prejudice for failure to state a claim. This dismissal counts as a strike pursuant to 28 U.S.C. Section 1915(g) and the Court certifies pursuant to Rule 24(a)(3)(A) of the FedRAppP, that any appeal of this decision would not be taken in good faith. Signed by Judge Dana L. Christensen on 9/27/2017. Copy of order mailed to Plaintiff. (DED)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
SEP 2 7 2017
Cieri<, U.S Diatrict Court
District Of Montana
BRYSON PATRICK CONNOLLY,
MYRON BEESON, et al.,
United States Magistrate Judge John T. Johnston entered his Findings and
Recommendations in this case on August 16, 2017, recommending that this action
be dismissed for failure to amend his complaint and cure the deficiencies. Plaintiff
Bryson Patrick Connolly ("Connolly") 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. § 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) is ADOPTED IN FULL.
This matter is DISMISSED WITH PREJUDICE for failure to state a
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.
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. No reasonable person could suppose an appeal
would have merit. The record makes plain the Complaint lacks
arguable substance in law or fact.
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
Connolly failed to state a claim upon which relief may be granted.
Dana L. Christensen, Chief Judge
United States District Court
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