Coleman v. Bauer et al
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 9 in full. This matter 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 6/2/2016. Mailed to Coleman. (TAG, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MARK DAVID COLEMAN,
MINERAL COUNTY, DETENTION
OFFICER BRANDY TAYLOR,
United States Magistrate Judge Jeremiah C. Lynch entered his Findings and
Recommendations on May 5, 2016, recommending dismissal of Plaintiff Mark
David Coleman's ("Coleman") Complaint. Coleman failed to timely object to the
Findings and Recommendations, and so waived his right to de novo review of the
record. 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. Syrax, 235 F.3d 422, 427 (9th Cir. 2000) (citations omitted).
Having reviewed the Findings and Recommendations, the Court agrees with
Judge Lynch's recommendation that Coleman's Complaint should be dismissed
because: ( 1) there is no constitutional right to shower frequently; (2) Coleman fails
to show that his lack of exercise for the isolated four day period establishes a
constitutional violation; and (3) he fails to establish that his conditions of
confinement were imposed as a punishment.
There being no clear error in Judge Lynch's Findings and
Recommendations, IT IS ORDERED that:
(1) Judge Lynch's Findings and Recommendations (Doc. 9) are ADOPTED
(2) This matter is DISMISSED. The Clerk of Court is directed to close this
matter and enter judgment pursuant to Rule 58 of the Federal Rules of Civil
(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. The record
makes plain that the Complaints filed in this case are frivolous as they lack
arguable substance in law or fact.
(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. § 191 S(g). Coleman failed
to state a claim upon which relief may be granted.
.Jv day of June, 2016.
Dana L. Christensen, Chief Judge
United States District Court
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?