Reed et al v. Ellison et al
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS for 7 Findings and Recommendations. IT IS HEREBY ORDERED that this case is DISMISSED WITHOUT PREJUDICE pursuant to Fed. R. Civ. P. 41(b) as to Plaintiffs John Reginald Reed and Charles Adam Fiechtner, Sr. only. Signed by Judge Donald W. Molloy on 11/1/2011. Copy of Order mailed to Plaintiffs this date. (NOS, )
NOV 01 2011
PATRICK E. DUFFY. CLERK
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
JOHN REGINALD REED,
PATRICIA ANN REED, and
CHARLES ADAM FIECHTNER, SR.,
MISSOULA HOUSING AUTHORITY
EMPLOYEES: JOHN ELLISON,
AMELIA LYON, and MARY MELTON,
Plaintiffs John Reginald Reed and Charles Adam Fiechtner, Sr. have failed
to comply with the Orders in this case dated August 31 and September 20, 2011.
United States Magistrate Judge Jeremiah C. Lynch entered Findings and
Recommendation on October 5, 2011 and recommended dismissing this case as to
John Reed and Charles Fiechtner, Sr. Plaintiffs John Reed and Charles Fiechtner,
Sr. did not timely object to the Findings and Recommendation, and so have
waived the right to de novo review of the record. 28 U.S.C. § 636(b)(1). This
Court will review the Findings and Recommendation 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).
Plaintiff Patricia Reed filed a Motion to Proceed In Forma Pauperis under
authority of28 U.S.C. § 1915(aXI), and lodged a Complaint on behalf of all three
Plaintiff. Plaintiffs John Reed and Charles Fiechtner, Sr. never filed a motion to
proceed in forma pauperis or a filing fee as directed by Orders dated August 31,
20 II, and September 20, 2011. Judge Lynch found in the interest ofjudicial
economy that the Court's time is better spent on cases in which the litigants are
compliant. However, to allow for the potential of a future disposition of this case
on its merits, he did not recommend dismissal as an adjudication of the merits of
the claims of John Reed and Fiechtner. After a review of Judge Lynch's Findings
and Recommendation, I find no clear error. Accordingly,
IT IS HEREBY ORDERED that Judge Lynch's Findings and
Recommendation (dkt #7) are adopted in full. This case is DISMISSED
WITHOUT PREJUDICE pursuant to Fed. R. Civ. P. 4 1(b) as to Plaintiffs John
Reginald Reed and Charles Adam Fiechtner, Sr. only.
of November, 2011.
ona d W. 01 oy, District Judge
United St,afes Dl trict Court
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