STRIZICH v. EDWARDS

No. CV-16-00034-GF-BMM-JTJ.

JORY STRIZICH, Plaintiff, v. BOB EDWARDS, DAN O'FALLON, KEITH KAULULAAU, and RICHARD ENGLISH, Defendants.

United States District Court, D. Montana, Great Falls Division.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Prisoner Civil Rights
Nature of Suit: 550 Prisoner: Civil Rights
Source: PACER


Attorney(s) appearing for the Case

Jory Strizich, Plaintiff, Pro Se.

Bob Edwards, Defendant, represented by Gregory L. Bonilla , MACO LEGAL SERVICES.

Dan O'Fallon, Defendant, represented by Gregory L. Bonilla , MACO LEGAL SERVICES.

Keith Kaululaau, Defendant, represented by Gregory L. Bonilla , MACO LEGAL SERVICES.

Richard English, Defendant, represented by Gregory L. Bonilla , MACO LEGAL SERVICES.


ORDER ADOPTING FINDINGS AND RECOMMENDATIONS

BRIAN MORRIS, District Judge.

The Court issued an Order directing Plaintiff Jory Strizich to file an initial disclosure statement as required by Paragraph I(A) of the Court's Scheduling Order within 30 days. (Doc. 26.) Mr. Strizich has failed to comply with the Court's Order. (Doc. 27 at 1.) United States Magistrate Judge John Johnston entered Findings and Recommendations in this matter on January 20, 2017. (Doc. 27.) Neither party filed objections.

When a party makes no objections, the Court need not review de novo the proposed Findings and Recommendations. Thomas v. Arn, 474 U.S. 140, 149-52 (1986). This Court will review Judge Johnston's Findings and Recommendations, however, for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).

Judge Johnston recommended that the Court dismiss Mr. Strizich's case because he failed to comply with the Court's Order. (Doc. 27 at 4.) The Court specifically advised Mr. Strizich that failure to comply with the Court's Order would result in a recommendation that the case be dismissed (Doc. 27 at 1.) Judge Johnston referenced the public interest, the Court's interest in managing its docket, risk of prejudice to the Defendants, the availability of less drastic alternatives, and public policy in determining that dismissal proves to be the correct path forward. These factors comprise the legal standard for determining when dismissal should be imposed as a sanction for failure to comply with a court order. Pagtalunan v. Galaza, 291 F.3d 639 (9th Cir. 2002) (citing Ferdick, 963 F.2d at 1260-61).

The Court has reviewed Judge Johnston's Findings and Recommendations for clear error. The Court finds no error in Judge Johnston's Findings and Recommendations, and adopts them in full.

IT IS ORDERED that Judge Johnston's Findings and Recommendations (Doc. 27) is ADOPTED IN FULL.

IT IS FURTHER ORDERED that this matter is DISMISSED pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. The Clerk of Court is directed to close this matter, enter judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure, and terminate all pending motions. The Clerk of Court is further 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.


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