Guille v. Beeson et al

Filing 8

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS [ 7 in full ; denying 3 Motion for Leave to Proceed in forma pauperis. Any appeal would not be taken in good faith. Signed by Judge Dana L. Christensen on 8/17/2017. Mailed to Guille. (TAG)

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

AUG 1 7 2017
Cle~.

l:' S District Court
D1stnct Of Montana
Missoula

CV 17-36-H-DLC-JTJ

ADRIAN GUILLE,
Petitioner,

ORDER
vs.
MYRON BEESON, et al.,
Respondent.
United States Magistrate Judge John T. Johnston entered his findings and
recommendations in this case on June 27, 2017, recommending that this action be
dismissed with prejudice for failure to state a claim. Plaintiff Adrian Guille
("Guille") 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. 7) are ADOPTED IN FULL.
(1)

Guille's Motion to Proceed in Forma Pauperis (Doc. 3) is DENIED
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for failure to submit an account statement pursuant to 28 U.S.C. §
1915(a)(2).
(2)

This matter is DISMISSED AS MOOT.

(3)

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.

(4)

At all times during the pendency of this action, Guille must
immediately advise the Court of any change of address and its
effective date. Failure to file a Notice of Change of Address may
result in the dismissal of the action for failure to prosecute pursuant to
Federal Rule of Civil Procedure 41(b).

DATED this

ft ~ of August, 201
day

.

Dana L. Christensen, Chief Judge
United States District Court

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