Skinner v. City of Missoula et al

Filing 13

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. This matter is DISMISSED for failure to state a federal claim. Any appeal of this decision would not be taken in good faith. This dismissal counts as a strike pursuant to 28 U.S.C. Section 1915(g). Signed by Judge Dana L. Christensen on 3/2/2018. (APP)

FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

HAR 02 2018
Clerk,

u.s

Co

D1~trict Of Mont~~!
Missoula Division

JOHN CLAYTON SKINNER, SR.,
CV 17-70-M-DLC-JCL
Plaintiff,
vs.

ORDER

CITY OF MISSOULA, MISSOULA
POLICE DEPARTMENT, JOHN DOES
1-3, JANE DOE, SUPERVISORS DOE,
and CHIEF OF POLICE MARK
HORNER,
Defendants.
United States Magistrate Judge Jeremiah C. Lynch entered his Findings and
Recommendations in this case on January 22, 2018, recommending that this action
be dismissed for failure to state a claim.

Plaintiff John Clayton Skinner, Sr.

("Skinner") failed to timely object to the findings and recommendations, and so
waived the right to de novo review of the record.

28 U.S.C. § 636(b)(l).

Court will therefore review the record for clear error.

The

McDonnell Douglas Corp.

v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).
After reviewing the record and finding no clear error, this Court agrees with
Judge Lynch that the Complaint, as currently pied, fails to state a federal claim
upon which relief may be granted.

Skinner was given an opportunity to file an
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amended complaint, but Judge Lynch found that the Amended Complaint failed to
cure the deficiencies.
Accordingly, IT IS ORDERED that Judge Lynch's Findings and
Recommendations (Doc. 11) are ADOPTED IN FULL.
( 1)

This matter is DISMISSED for failure to state a federal claim.

(2)

The Clerk of Court is directed to close this matter and enter judgment

pursuant to Rule 58 of the Federal Rules of Civil Procedure.
(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.
person could suppose an appeal would have merit.

No reasonable

The record makes plain the

instant Complaint lacks 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. § 1915(g) based upon Skinner's
failure to state a claim.
DATED this

1...vJ day of March, 2018.

Dana L. Christensen, Chief Judge
United States District Court
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