IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION SPENCER GARDNER, CV 21-17-GF-BMM-KLD Plaintiff, vs. ORDER JIM SALMONSEN, et al., Defendants. United States Magistrate Judge Kathleen L. DeSoto entered her Findings and Recommendations in this case on September 13, 2021 (Doc. 8). Judge DeSoto recommended that Plaintiff’s complaint (Doc. 2) should be DISMISSED; that the Clerk of Court should be directed to enter a judgment of dismissal for failure to

prosecute; and 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.

No party has filed an objection to the Findings and Recommendations. The Court has reviewed Judge DeSoto’s Findings and Recommendations for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc.,

(9th Cir. 1981). The Court finds no error in Judge DeSoto’s Findings and

Recommendations and adopts them in full. IT IS ORDERED that Judge DeSoto’s Findings and Recommendations (Doc. 8) are ADOPTED IN FULL. 1. Gardner’s Complaint (Doc. 2) is DISMISSED; 2. The Clerk of Court is directed to close this matter and enter judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure; and 3. The Clerk of Court is directed to have the docket reflect that the Court certifies pursuant to Rule 24(a)(4)(B) of the Federal Rules of Appellate Procedure that any appeal of this decision would not be taken in good faith. DATED this 27th day of October, 2021.

oe Zz / / 1} □ Vy (ww / iu Brian Morris, Chief District Judge United States District Court

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