IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA F LE DD HELENA DIVISION JUN 16 2029 Glek U.S. District Court ANTHONY L. EVANS, District OF Montana CV 19-33—DLC Plaintiff, vs. ORDER

TRANSPORTATION SECURITY ADMINISTRATION (TSA) and SUPERVISORY TRANSPORTAION SECURITY OFFICER (STSO) MICHAEL ELLIS, Defendants.

Before the Court is the Order and Findings and Recommendations of United

States Magistrate Judge John Johnston. (Doc. 20.) Based on Plaintiff Anthony L. Evans’ failure to prosecute this matter, Judge Johnston recommends dismissal

pursuant to Federal Rule of Civil Procedure 41(b). (/d.) Judge Johnston entered

his Findings and Recommendations on May 19, 2020, and Evans has not objected. Consequently, Evans waives his right to de novo review,

(b)(1)(C), and the Court reviews for clear error. United States v. Reyna-Tapia,

(9th Cir. 2003) (en banc); Thomas v. Arn,

(1985). Clear error is “significantly deferential” and exists if the Court is left with a

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“definite and firm conviction that a mistake has been committed.” United States

v. Syrax,

(9th Cir. 2000) (citations omitted). Following its review of Judge Johnston’s Findings and Recommendations, the Court finds no clear error in his determination that sua sponte dismissal is appropriate in this case. Balancing the five factors set out in Pagtalunan vy. Galaza, the Court agrees that all but one weighs in favor of dismissal. See

(9th Cir. 2002). As Judge Johnston explains, while public policy favors disposition of this case on its merits, dismissal for failure to prosecute is nevertheless proper here based on: the public’s interest in expeditious resolution of litigation; the Court’s need to manage its docket; the risk of prejudice to Defendants as litigation is further protracted by Evans’ failure to litigate; and the unavailability of less drastic alternatives. (See Doc. 20 at 2-4.) In light of Judge Johnston’s April 6, 2020 Order to Show Cause (Doc. 19) and the explicit notification of the right to object to the Findings and Recommendations (Doc. 20 at 5), Evans has had sufficient opportunities to explain to this Court why it should not dismiss his case—opportunities he has not taken. Accordingly, reviewing for clear error, IT IS ORDERED that the Court ADOPTS Judge Johnston’s Findings and Recommendations (Doc. 20) IN FULL. Consequently, IT IS ORDERED that this matter is DISMISSED pursuant to

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Federal Rule of Civil Procedure 41(b). IT IS FURTHER ORDERED that all

pending motions are DENIED AS MOOT. The Clerk of Court shall enter judgment pursuant to Federal Rule of Civil

Procedure 58 in favor of Defendants and against Plaintiff Evans. The docket

shall reflect that this 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. DATED this haay of June, 2020. te Ct Dana L. KU District Judge United States District Court

4.