Hanson v. Wilson et al

Filing 28

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 27 in full. Matter DISMISSED. Any appeal should not be taken in good faith. Signed by Judge Brian Morris on 11/6/2018. Mailed to Hanson (TAG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
GREGORY DUANE HANSON
CV-18-22-H-BMM-JTJ
Plaintiffs,
v.
ORDER ADOPTING MAGISTRATE
JUDGE’S FINDINGS AND
RECOMMENDATIONS

THOMAS WILSON, BALTISAR,
SEGOVIA, DOE 1, DOE 2, DOE 3
sued in their individual capacities,
Defendant.

Plaintiff Gregory Hanson is proceeding in forma pauperis and without
counsel. Magistrate Judge Johnston issued a Scheduling Order requiring the
parties to file an initial disclosure statement within 60 days and to exchange
documents which may be used in proving or denying any party’s claims or
defenses. (Doc. 14 at 1-3, ¶ I(A), (B)).
Defendants filed a motion for summary judgment based upon Mr. Hanson’s
alleged failure to exhaust his administrative remedies. (Doc. 19). Judge Johnston
issued an Order requiring Mr. Hanson to file his disclosure statement within 30
days of July 18, 2018. (Doc. 23). Mr. Hanson was specifically warned that a
failure to file a disclosure statement would result in a recommendation that this
matter be dismissed. (Id.).

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Despite this warning, Mr. Hanson has not complied with Paragraphs I(A)
and I(B) of the Judge Johnston’s Scheduling Order (Doc. 14) and he has not
responded to Defendants’ motion for summary judgment (Doc. 19) within the time
afforded by Local Rule 7.1(d)(1).
Based upon Mr. Hanson’s failure to comply with the Court’s Scheduling
Order (Doc. 14) and the Court’s July 18, 2018 Order (Doc. 23) and Mr. Hanson’s
failure to respond to Defendants’ Motion for Summary Judgment (Doc. 19), Judge
Johnston recommends this matter be dismissed pursuant to Rule 41(b) of the
Federal Rules of Civil Procedure.
No party filed objections to Judge Johnston’s Findings and
Recommendations. The Court has reviewed the Findings and Recommendations
for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656
F.2d 1309, 1313 (9th Cir. 1981). The Court finds no error in Judge Johnston’s
Findings and Recommendations and adopts them in full.
ORDER
Accordingly, IT IS ORDERED that Magistrate Judge Johnston’s Findings
and Recommendations (Doc. 27) are ADOPTED IN FULL.
IT IS FURTHER ORDERED that this matter is DISMISSED pursuant to
Rule 41(b) of the Federal Rules of Civil Procedure. The Clerk of the Court is
directed to close this matter, enter judgment pursuant to Rule 58 of the Federal
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Rules of Civil Procedure, and terminate all pending motions. The Clerk of the
Court is further 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 should not be taken in good faith.
DATED this 6th day of November, 2018.

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