Duncan v. Doe

Full title: ALVIN J. DUNCAN, Plaintiff, v. JOHN DOE, FCC, Defendants.

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION

Date published: Apr 29, 2019

CV 18-160-BLG-SPW (D. Mont. Apr. 29, 2019)

Opinion

CV 18-160-BLG-SPW

04-29-2019

ALVIN J. DUNCAN, Plaintiff, v. JOHN DOE, FCC, Defendants.

SUSAN P. WATTERS United States District Judge

ORDER ADOPTING MAGISTRATE'S FINDINGS AND RECOMMENDATIONS

The United States Magistrate Judge filed Findings and Recommendations on April 9, 2019. (Doc. 8). The Magistrate recommended dismissing Alvin J. Duncan's Complaint as frivolous. (Doc. 8 at 1).

Pursuant to 28 U.S.C. § 636(b)(1), parties are required to file written objections within 14 days of the filing of the Magistrate's Findings and Recommendation. No objections were filed. When neither party objects, this Court reviews the Magistrate's Findings and Recommendation for clear error. McDonnell Douglas Corp. 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). After reviewing the Findings and Recommendation, this Court does not find that the Magistrate committed clear error.

IT IS ORDERED that the proposed Findings and Recommendations entered by the United States Magistrate Judge (Doc. 8) are ADOPTED IN FULL.

IT IS FURTHER ORDERED the complaint is dismissed as frivolous under 28 U.S.C. § 1915(e)(2).

DATED this 29^th day of April, 2019.

/s/_________

SUSAN P. WATTERS

United States District Judge