Cherry v. Glenn et al

Filing 12

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 10 in full. Any appeal of this decision would not be taken in good faith. Signed by Judge Dana L. Christensen on 5/22/2017. Mailed to Cherry. (TAG)

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

MAY 2 2 2017
Clerk, l:1 S District Court
Drstnct Of Montana
Missoula

CV 17-0026-H-DLC-JTJ

TRAVIS CHERRY,
Plaintiff,

ORDER
vs.
TERRY GLENN, et al.,
Defendants.
United States Magistrate Judge John T. Johnston entered findings and
recommendations in this case on April 17, 2017, recommending that Plaintiff
Travis Cherry's ("Cherry") complaint be dismissed because Cherry failed to
provide the Court with a written notice informing it of his change of address.
Cherry 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 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. Cherry has failed to comply with L. R.
5.2(b). The Court has given him ample time to update his address and public
policy weighs in favor of disposition in this case.
Accordingly, IT IS ORDERED that Judge Johnston's Findings and
Recommendations (Doc. 10) are ADOPTED IN FULL. This case is DISMISSED
WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that the Clerk of Court shall CLOSE this
matter and enter judgment pursuant to Rule 58 of the Federal Rules of Civil
Procedure. The Clerk of Court is also 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

22.~ay of May, 2017.

Dana L. Christensen, Chief Judge
United States District Court

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