IN THE UNITED STATES DISTRICT COURT - f L = FOR THE DISTRICT OF MONTANA HELENA DIVISION JUN 6 9 2029 Disticd OF □□□□□ BOBBY FRANCIS LOWRY, Miseoula CV 19-30-H-DLC-JTJ Plaintiff, VS. ORDER MICHAEL D. REGINALD, UNKNOWN OWNERS OF MONTANA-BASED PRE-RELEASE CENTERS, Defendants.

United States Magistrate Judge John T. Johnston entered his Order and Findings and Recommendations on April 23, 2020. (Doc. 21.) He recommends that the Court dismiss this action for failure to prosecute. Plaintiff Bobby Francis Lowry failed to timely object to the Findings and Recommendations, and so waived the right to de novo review of the record.

(b)(1). This Court reviews for clear error those findings and recommendations to which no

party objects. See Thomas v. Arn,

(1985). Clear error exists if the Court is left with a “definite and firm conviction that a mistake has been made.” Wash. Mut., Inc. v. United States,

(9th Cir. 2017)

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(citation omitted). Having reviewed the Findings and Recommendation (Doc. 21), the Court finds no clear error in Judge Johnston’s recommendation to dismiss this action for failure to prosecute. Judge Johnston issued three orders to show cause, and Lowry did not respond. Without the participation of the plaintiff, this matter cannot proceed. Accordingly, IT IS ORDERED: (1) Judge Johnston’s Findings and Recommendations (Doc. 21) is ADOPTED IN FULL; and (2) this matter is DISMISSED. DATED this qu day of June, 2020.

United States District Court