Sparkman v. Robbins et al
Filing
9
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 8 in full. This dismissal counts as a strike pursuant to 28 U.S.C. Section 1915(g). Any appeal of this decision would not be taken in good faith. Signed by Judge Brian Morris on 12/18/2018. Mailed to Sparkman (TAG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
DYLAN J. SPARKMAN,
CV-18-39-H-BMM
Plaintiff,
v.
ORDER ADOPTING MAGISTRATE
JUDGE’S FINDINGS AND
RECOMMENDATIONS
MEIGHAN ROBBINS, CHRISTINE
SLAUGHTER, MYRON BEESON,
and REGINALD MICHAEL,
Defendants.
United States Magistrate Judge John Johnston entered Findings and
Recommendations in this case on October 31, 2018. (Doc. 8.) Judge Johnston
recommended that this case be dismissed with prejudice for failure to state a claim.
(Doc. 8 at 46.) Judge Johnston recommended that the Clerk of Court close this
matter and enter judgment in favor of Defendants Meighan Robbins, Christine
Slaughter, Myron Beeson, and Reginald Michael pursuant to Federal Rule of Civil
Procedure 58. (Doc. 8 at 17.) Judge Johnson further recommended that the Clerk of
Court have the docket reflect that pursuant to Federal Rule of Appellate Procedure
1
24(a)(3)(A) any appeal would not be taken in good faith. (Doc. 8 at 17.) Judge
Johnstone also recommended that the Clerk of Court have the docket reflect that
this dismissal constitutes a strike pursuant to 28 U.S.C. § 1915(g). (Doc. 8 at 17.)
Neither party filed objections. The Court reviews findings and
recommendations not objected to for clear error. McDonnell Douglas Corp. v.
Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Clear error
exists if the 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). The Court finds no error in Judge Johnston’s Findings and
Recommendations and adopts them in full.
IT IS ORDERED that Judge Johnston’s Findings and Recommendations
(Doc. 8) are ADOPTED IN FULL.
IT IS ORDERED that Sparkman’s Complaint (Doc. 2) is DISMISSED
WITH PREJUDICE.
IT IS FURTHER ORDERED that the Clerk of Court shall close this matter
and enter judgment in favor of Defendants pursuant to Federal Rule of Civil
Procedure 58.
IT IS FURTHER ORDERED that the Clerk of Court shall have the docket
reflect that the Court certifies pursuant to Federal Rule of Appellate Procedure
24(a)(3)(S) that any appeal of this decision would not be taken in good faith.
2
IT IS FURTHER ORDERED that the Clerk of Court shall have the docket
reflect that this dismissal constitutes a strike pursuant to 28 U.S.C. § 1915(g).
DATED this 18th day of December.
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?