Taylor v. Meadows et al, No. 6:2012cv00072 - Document 10 (D. Mont. 2012)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 9 in full. Plaintiff's Complaint is DISMISSED for failure to state a claim. Any appeal of this decision would not be taken in good faith. Signed by Judge Dana L. Christensen on 11/27/2012. Mailed to Taylor. (TAG, )

Download PDF

Taylor v. Meadows et al Doc. 10 FILED NOV 27 2012 Clerk. u.s Distrid Court Distrid Of Montana Missoula IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION ) ) ) ) ) ) ) ) ) JACKIE TAYLOR, Plaintiff, vs. KATE MAJIVER, et ai., Defendants. CV 12-72-H-DLC-RKS ORDER ---------------------------) United States Magistrate Judge Keith Strong entered Findings and Recommendation on October 16, 2012, and recommended dismissing Plaintiff Jackie Taylor's Complaint because her allegations fail 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 the record. 28 U.S.C. § 636(b)(1). This Court will review the Findings and -1 Dockets.Justia.com Recommendation for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309,1313 (9th Cir. 1981). Clear error exists ifthe 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). Ms. Taylor was advised by Court order that her case was subject to dismissal for failure to state a claim upon which relief could be granted. The August 15,2012 Order set forth instructions regarding the basics of stating claims and gave her an opportunity to file an amended complaint using the court approved form. Taylor did not follow these instructions. After a review of Judge Strong's Findings and Recommendation, I find no clear error. Accordingly, IT IS HEREBY ORDERED that Judge Strong's Findings and Recommendation (doc. 9) are adopted in full. Plaintiffs Complaint is DISMISSED for failure to state a claim upon which relief may be granted. 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 ofthis decision would not be taken in good faith. The record makes plain that Ms. Taylor's failure to state a claim is so clear no reasonable person could suppose an appeal would -2 have merit. +t, DATED this bI. day of November, Dana L. Christensen, District Judge United States District Court -3

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.