IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA i □□ = BILLINGS DIVISION MAR 1 8 2020 Clerk, U S District □□ District Of □□□□□□□ DENIS AGUADO, Billings CV 19-112-BLG-SPW Plaintiff, vs. ORDER ADOPTING MAGISTRATE’S FINDINGS STILLWATER COUNTY, et al., AND RECOMMENDATIONS Defendants.

The United States Magistrate Judge filed Findings and Recommendations on February 19, 2020. (Doc. 6). The Magistrate recommended the Court dismiss the

case. (Doc. 6 at 8). Pursuant to

(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.,

(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,

(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. 6) are ADOPTED IN FULL. IT IS FURTHER ORDERED this matter is DISMISSED as being barred by the applicable statute of limitations. The Clerk of Court should be directed to close this matter and enter judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. The Clerk of Court should be 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. The record makes plain the instant Complaint is frivolous as it lacks arguable substance in law or fact. The Clerk of Court should be directed to have the docket reflect that this 9 dismissal counts as a strike pursuant to

(g) because the failure to file within the applicable statute of limitations constitutes a failure to state a claim

upon which relief may be granted. Jones v. Bock,

(2007); Belanus v. Clark,

(9th Cir. 2015) (a dismissal based upon statute of limitations constitutes a strike pursuant to

(g)).

DATED this AE day of March, 2020.

SUSAN P. WATTERS United States District Judge