Spaulding v. Kelly et al

Filing 10

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 9 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 12/4/2018. Mailed to Spaulding (TAG)

IN THE UNITED STATES DISTRICT
COURT FOR THE DISTRICT OF MONTANA
HELENA DIVISION
JOHN EDWARD SPAULDING,
CV-18-53-H-BMM
Plaintiff,
v.
ORDER ADOPTING MAGISTRATE
JUDGE’S FINDINGS AND
RECOMMENDATIONS

THE STATE OF MONTANA
VOCATIONAL REHABILITATION
COUNSELOR PEGGY SHONE
KELLY and PAROLE &
PROBATION OFFICER JASON
BAXTER,
Defendants.

United States Magistrate Judge Johnston entered Findings and
Recommendations on November 14, 2018. (Doc. 9). Judge Johnston determined
Plaintiff John Edward Spaulding’s claims are barred by the applicable statute of
limitations and that review by the Court is unwarranted. (Doc. 9 at 4-6).
No party filed objections to Judge Johnston’s Findings and
Recommendations. The Court has reviewed the Findings and Recommendation 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.

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ORDER
Accordingly, IT IS ORDERED that
1. Magistrate Judge Johnston's Findings and Recommendations (Doc. 9) are
Adopted in Full and this matter is DISMISSED.
2. The Clerk of Court is directed to close this matter and enter judgment in
favor of Defendants 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.
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)
DATED this 4th day of December, 2018.

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