Walker v. Nurse Ellie

Filing 4

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 3 in full. Signed by Judge Dana L. Christensen on 4/18/2017. Mailed to Walker and Burd. (TAG)

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

CV 17-37-H-DLC-JTJ

BRICE WALKER,
Plaintiff,

ORDER
vs.
NURSE ELLIE,
Defendant.
United States Magistrate Judge John Johnston entered his Findings and
Recommendations in this matter on March 27, 2017, recommending dismissal of
Plaintiff Brice Walker's ("Walker") Complaint and denial of his motion to proceed
in forma pauperis. Walker failed to timely object to the Findings and
Recommendations, and so waived his right to de novo review of the record. 28
U.S.C. § 636(b)(1 )(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 omitted).
-1-

Having reviewed the Findings and Recommendations, the Court finds no
clear error in Judge Johnston's finding that Walker's Complaint should be
dismissed without prejudice and his motion to proceed in forma pauperis should
be denied. As discussed by Judge Johnston, these documents were not personally
signed by Walker in contravention of Federal Rule of Civil Procedure 1 l(a). This
rule requires that "[e]very pleading, written motion, and other paper must be
signed by at least one attorney of record in the attorney's name-or by a party
personally ifthe party is unrepresented." Fed. R. Civ. P. 11(1). Because Walker
is appearing pro se, he must personally sign every pleading and motion.
Consequently, Walker's Complaint will be dismissed without prejudice and his
motion denied.
There being no clear error in the Findings and Recommendations, IT IS
ORDERED that:
(1) Judge Johnston's Findings and Recommendations (Doc. 3) are
ADOPTED IN FULL.
(2) The motion to proceed in forma pauperis (Doc. 1) is DENIED.
(3) The Complaint (Doc. 2) is DISMISSED WITHOUT
PREJUDICE.
(4) The Clerk of Court is directed to close this matter and enter

-2-

judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure.
(5) The Clerk of Court is directed to serve a copy of this Order upon both
Brice Walker and Shane Burd at Montana State Prison.
Dated this 18th day of April, 201 7.

Dana L. Christensen, Chief istrict Judge
United States District Court

-3-