In Re Green

Filing 3

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 2 in full. This action is DISMISSED WITH PREJUDICE. A certificate of appealability is DENIED. Signed by Judge Dana L. Christensen on 7/13/2017. Mailed to Green. (TAG)

FILED

IN THE UNITED STATES DISTRICT COURT
JUL 3 1 2017
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
~.Y..:~· District court
--.~.Of Montana

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CV 17-64-H-DLC-JTJ

IN RE: JEREMIAH C. GREEN,
Petitioner.

ORDER

United States Magistrate Judge John T. Johnston entered his findings and
recommendations in this case on June 12, 2017, recommending denial of
Petitioner Jeremiah C. Green's ("Green") petition for name change. Green failed
to timely object to the findings and recommendations, and so waived the right to
de nova 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).
Judge Johnston found, and this Court agrees, that Green's petition fails to
provide a basis for federal jurisdiction. This Court does not have subject matter
jurisdiction over Green's petition for name change.
Accordingly, IT IS ORDERED that Judge Johnston's findings and
recommendations (Doc. 2) are ADOPTED IN FULL. This action is DISMISSED
WITH PREJUDICE. The Clerk of Court shall enter by separate document a

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judgment against Petitioner Green. A certificate of appealability is DENIED.
DATED this

I?>~ay of July, 2017.

Dana L. Christensen, Chief Judge
United States District Court

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