Morsette v. D.O.C. Director et al

Filing 11

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL. This matter is DISMISSED WITH PREJUDICE for failure to state a federal claim. 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. This dismissal counts as a strike pursuant to 28 U.S.C. Section 1915(g). Signed by Judge Dana L. Christensen on 3/2/2018. (NOS)

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

MAR 02 2018
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D1~trict 6,SM Courts

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ISAIAH MORSETTE,
CV 17-66-H-DLC-JTJ
Plaintiff,
ORDER

vs.
D.O.C. DIRECTOR, WARDEN
FLETCHER, and AMIE DANIELS,
Defendants.

United States Magistrate Judge John T. Johnston entered his Findings and
Recommendations in this case on January 17, 2018, recommending that this action
be dismissed for failure to state a claim.

Plaintiff Isaiah Morsette ("Morsette")

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).

therefore review the record for clear error.

The Court will

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, this Court agrees with
Judge Johnston that the Complaint, as currently pled, fails to state a federal claim
upon which relief may be granted.

Morsette was given an opportunity to file an

amended complaint, but did not do so.
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Accordingly, IT IS ORDERED that Judge Johnston's Findings and
Recommendations (Doc. 10) are ADOPTED IN FULL.
(1)

This matter is DISMISSED WITH PREJUDICE for failure to state a

federal claim.
(2)

The Clerk of Court is directed to close this matter and enter judgment

pursuant to Rule 58 of the Federal Rules of Civil Procedure.
(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.
person could suppose an appeal would have merit.

No reasonable

The record makes plain the

instant Complaint lacks arguable substance in law or fact.
(4)

The Clerk of Court is directed to have the docket reflect that this

dismissal counts as a strike pursuant to 28 U.S.C. § 1915(g) because Mr. Morsette
failed to state a claim upon which relief may be granted.
DATED this

'2..J day of March, 2018.

Dana L. Christensen, Chief Judge
United States District Court

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