Morrison v. Doctor Reese

Filing 5

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 3 in full; denying 1 Motion for Leave to Proceed in forma pauperis. Complaint 2 is DISMISSED WITHOUT PREJUDICE. Signed by Judge Dana L. Christensen on 5/16/2017. Mailed to Morrison. (TAG)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION SHAWN MORRISON, Plaintiff, ORDER vs. DOCTOR REESE, Defendant. United States Magistrate Judge John Johnston entered his Findings and Recommendations in this matter on April 6, 201 7, recommending dismissal of Plaintiff Shawn Morrison's ("Morrison") Complaint and denial of the motion to proceed in forma pauperis. Morrison 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. ยง 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 omitted). -1- Having reviewed the Findings and Recommendations, the Court finds no clear error in Judge Johnston's finding that Morrison'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 Morrison 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 Morrison is appearing pro se, he must personally sign every pleading and motion. Consequently, Morrison'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. Dated this I~ ~ay of May, 2017. Dana L. Christensen, Chief Judge United States District Court -3-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?