United States District Court, D. Montana, Billings Division
June 2, 2014
IN RE: KRISTEE RAE LANG
SUSAN P. WATTERS, District Judge.
This action was filed in the United States District Court for the District of Montana, Billings Division, on March 25, 2014. Plaintifffailed to allege any intelligible allegations in her Complaint or her subsequent letters to the Clerk of Court. (Docs. 2, 7, 8, 9, 10). United States Magistrate Judge Carolyn Ostby filed Findings and a Recommendation regarding Plaintiffs Complaint and subsequent letters and recommended that Plaintiffs Complaint be dismissed for failure to state a claim upon which relief may be granted. (Doc. 12).
Three days after Judge Ostby issued the Findings and Recommendations, Ms. Lang wrote a letter to the Court. (Doc. 13). The Court will give Ms. Lang the (enormous) benefit of the doubt and consider it a formal objection.
When a party objects to any portion of the Findings and Recommendation issued by a Magistrate Judge, the district court must make a de novo determination regarding that portion of the Magistrate Judge's report. 28 U.S.C. § 636(b)(l)(B); McDonnell Douglas Corp. v. Commodore Bus. Mach. Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). After a de novo review of Judge Ostby's Findings and Recommendation and Plaintiffs' objection to the same, I agree with Judge Ostby's conclusion that Plaintiffs Complaint and subsequent letters submitted to the District Court Clerk fail to state a claim upon which relief may be granted.
Plaintiffs allegations are unintelligible, lack merit under the law and will be dismissed. There being no error in Judge Ostby's findings and recommendations,
IT IS HEREBY ORDERED:
1. Judge Ostby's Findings and Recommendations (Doc. 12) are ADOPTED in full.
2. Plaintiffs Complaint is DISMISSED.
3. The Clerk of Court is directed to close the matter and enter judgment pursuant to Rule 58 of the Federal Rules of Procedure.
4. The Clerk of Court is directed to have the docket reflect that the Court certifies pursuant to Fed.R.App.P. 24(a)(3)(A) that any appeal of this decision would not be taken in good faith. The record makes plain the instant Complaint is frivolous as it lacks arguable substance in law or fact.