Payne v. Saukam et al
Filing
10
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 8 in full. This case is DISMISSED. 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 5/20/2016. Mailed to Payne. (TAG, )
FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
TYRONE EVERETT PAYNE,
MAY 2 0 2016
Cle~. l:I S District Court
Oistnct Of Montana
Missoula
CV 15-158-M-DLC-JCL
Plaintiff,
ORDER
vs.
PIP V. SAUKAM and THE MONTANA
DEPARTMENT OF CORRECTIONS
PROBATION AND PAROLE
DIVISION,
Defendants.
United States Magistrate Judge Jeremiah C. Lynch entered findings and
recommendations in this case on April 28, 2016, recommending that Plaintiff
Tyrone Everett Payne's ("Payne") Complaint be dismissed for failing to state
claim upon which relief may be granted. Payne did not object to the findings and
recommendations, and so has waived the right to de novo review thereof. 28
U.S.C. § 636(b )(1 )(C). This Court reviews for clear error those findings and
recommendations to which no party objects. See McDonnell Douglas Corp. v.
Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981); Thomas v.
Arn, 474 U.S. 140, 149 (1985). Clear error exists if the Court is left with a
"definite and firm conviction that a mistake has been committed." United States v.
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Syrax, 235 F.3d 422, 427 (9th Cir. 2000) (citations omitted).
Having reviewed the findings and recommendations, the Court finds no
clear error in Judge Lynch's conclusion that nothing about Defendant Saukam's
report of violation and Payne's consequent revocation violated Payne's
substantive due process rights under the Fourteenth Amendment of the United
States Constitution.
Accordingly, IT IS ORDERED that Judge Lynch's findings and
recommendations (Doc. 8) are ADOPTED IN FULL. This case is DISMISSED.
The Clerk of Court shall CLOSE this matter and enter judgment pursuant to Rule
58 of the Federal Rules of Civil Procedure.
IT IS FURTHER ORDERED that the Clerk of Court shall 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.
IT IS FURTHER ORDERED that the Clerk of Court shall have the docket
reflect that this dismissal counts as a strike pursuant to 28 U.S.C. § 1915(g).
~ay of May, 201
DATED this 2fL_
Dana L. Christensen, Chief Judge
United States District Court
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