Rickett v. Kirkegard et al

Filing 26

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 25 in full. Any appeal of this decision is not to be taken in good faith. Signed by Judge Brian Morris on 12/17/2018. Mailed to Rickett (TAG) . Modified on 12/17/2018 to attach correct document; NEF regenerated (TAG).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
CHARLES DUSTIN RICKETT,
CV-17-02-H-BMM-JTJ
Plaintiff,
v.
ORDER ADOPTING MAGISTRATE
JUDGE’S FINDINGS AND
RECOMMENDATIONS

LEROY KIRKGARD, DARCY
HUNT, MIKE BATISTA, BEN
BOULEY, and KRISTY COBBAN,
Defendants.

United States Magistrate Judge Johnston entered Findings and
Recommendations on November 27, 2018. (Doc. 25). The Court issued an Order
requiring Mr. Rickett to show cause as to why this matter should not be dismissed
for failure to prosecute. (Doc. 24). Judge Johnston determined Mr. Rickett failed
to respond and show cause. (Doc. 25).
No party filed objections to Judge Johnston’s Findings and
Recommendations. The Court has reviewed the Findings and Recommendation for
clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d
1309, 1313 (9th Cir. 1981). The Court finds no error in Judge Johnston’s Findings
and Recommendations and adopts them in full.

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ORDER
Accordingly, IT IS ORDERED that Magistrate Judge Johnston’s Findings
and Recommendations (Doc. 25) are ADOPTED IN FULL.
IT IS ORDERED that this matter is DISMISSED pursuant to Rule 41(b) of
the Federal Rules of Civil Procedure. The Clerk of the Court is directed to close
this matter, enter judgement pursuant to Rule 58 of the Federal Rules of Civil
Procedure, and terminate all pending motions.
The Clerk of the Court is further 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 is not to be taken in good faith.
DATED this 17th day of December, 2018.

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