Hussar v. Ms. Abendroth et al

Filing 14

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 11 in full. This matter is DISMISSED WITH PREJUDICE. 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 Dana L. Christensen on 10/30/2012. Mailed to Hussar. (TAG, )

FILED

OCT 30 2012
CIeIk, u.s OiStI1ct Court

DistrIct Of Montana

Missoula

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

MISSOULA DIVISION

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WAYNE HUSSAR,
Plaintiff,
vs.
MS. ABENDROTH (Missoula's
MASC Counselor) and MS. MARY­
ELLEN (Missoula's MSCA LP.P.O.),

CV 12-76-M-DLC-JCL

ORDER

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Defendants.

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United States Magistrate Judge Jeremiah C. Lynch entered Findings and
Recommendation on October 4,2012, and recommended dismissing Plaintiff
Wayne Hussar's amended complaint with prejudice for failure to state a claim for
relief against any of the named Defendants. Plaintiff did not timely object to the
Findings and Recommendation, and so has waived the right to de novo review of
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the record. 28 U.S.C. § 636(b)(1). This Court will review the Findings and
Recommendation for clear error. McDonnell Douglas Com. 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).
Hussar filed his amended complaint after being granted leave by Judge
Lynch in his Order of August 7,2012. After prescreening review, Judge Lynch
found that the amended complaint failed to state a federal claim for relief. Further,
Judge Lynch concluded that Hussar has been given an opportunity to amend
defects in his original complaint and failed to do so. 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 (doc. 11) are adopted in full. This matter is DISMISSED WITH
PREJUDICE.
The Clerk of Court is directed to close this matter and enter judgment
pursuant to Rule 58 of the Federal Rules of Civil Procedure.
IT IS FURTHER ORDERED that the docket shall reflect that the Court
certifies pursuant to Fed.R.App.P. 24(a)(3)(A) that any appeal of this decision
would not be taken in good faith. The docket shall also reflect this dismissal
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counts as a strike pursuant to 28 U.S.C. § 1915(g).
DATED this

'Q~day of October 2

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Dana L. Christensen, Dist ict Judge
United States District Court

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