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)

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. § 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).
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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
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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

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