Spreadbury v. Bitterroot Public Library et al

Filing 312

ORDER adopting Findings and Recommendations 309 in full. This matter is closed. Signed by Judge Donald W. Molloy on 7/11/2012. (ASG, ) Modified on 7/11/2012 to reflect that a copy was mailed to Spreadbury on this date. (ASG, ).

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FILED JUL 11 2012 P....TRICK E. DUFFY. CLERK Br. DEPUTY CLERK. MISSOULA IN TIlE UNITED STATES DISTRICT COURT FOR TIlE DISTRICT OF MONTANA MISSOULA DIVISION MICHAEL E. SPREADBURY, Plaintiff, vs. BITTERROOT PUBLIC LIBRARY, CITY OF HAMILTON, LEE ENTERPRISES, INC., and BOONE KARLBERG P.C. Defendants. ) ) ) ) ) ) ) ) ) ) ) ) CV 11-64-M-DWM-JCL ORDER -----------------------) On May 31, 2012, United States Magistrate Judge Jeremiah C. Lynch entered an order granting Plaintiff Michael E. Spreadbury's motion for voluntary dismissal, dismissing all claims with prejudice. He instructed Spreadbury that the Court would reconsider the Order if Spreadbury either withdrew his motion to dismiss or filed a notice requesting an opportunity to be heard as to why the dismissal should not be with prejudice. Spreadbury did neither. Pursuant to Federal Rule of Civil Procedure 72(b)(l), Judge Lynch now recommends that his May 31, 2012 Order be affirmed and judgment entered accordingly. IT IS HEREBY ORDERED that Judge Lynch's recommendation (doc. 309) is adopted in full. IT IS FURTHER ORDERED that all of Spreadbury's remaining claims are DISMISSED with prejudice under Federal Rule of Civil Procedure 4 1(a)(2). The clerk is instructed to close this matter. Dated this -If:' day of July 2012. -2­

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