Wick v. State of Montana

Filing 6

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 4 in full. Any appeal of this decision would not be taken in good faith. Signed by Judge Dana L. Christensen on 11/28/2017. Mailed to Wick (TAG)

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

FILED
NOV 2 8 2017
Clerk, U.S Diatrict Court
District Of Montana
MiS$0ula

CV 17-96-H-DLC-JTJ

RANDY BRYANT WICK,
Plaintiff,

ORDER
vs.
STATE OF MONTANA,
Defendant.
United States Magistrate Judge John T. Johnston entered his Findings and
Recommendations in this case on October 27, 2017, recommending that Plaintiff
Randy Bryant Wick's ("Wick") Complaint be dismissed because he has failed to
name a proper Defendant, and his claims are barred by the Rooker Feldman
doctrine and the doctrine inHeckv. Humphrey, 512 U.S. 477, 486-87 (1994).
Wick 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). 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).
After reviewing the record and finding no clear error,
IT IS ORDERED that Judge Johnston's Findings and Recommendations
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(Doc. 4) are ADOPTED IN FULL. This matter is DISMISSED.
The Clerk of Court is directed to close this matter and enter judgment in
favor of Defendant pursuant to Rule 58 of the Federal Rules of Civil Procedure.
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. No
reasonable person could suppose an appeal would have merit. The record makes
plain the Complaint lacks arguable substance in law or fact.
DATED this 2..0""1day ofNovember, 2017.

Dana L. Christensen, Chief Judge
United States District Court

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