IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BUTTE DIVISION

BRADY DEAN RAUH,

CV 21-80-BU-BMM-JTJ Plaintiff,

vs.

ORDER MARK JOHNSON. JAMIE

TREGARD, and BUTTE SILVER BOW COUNTY DETENTION CENTER,

Defendants.

United States Magistrate Judge John Johnston entered his Findings and Recommendations in this case on January 5, 2022. (Doc. 8.) Judge Johnston recommended that this matter should be DISMISSED for failure to state a cognizable federal claim; that Plaintiff’s filing of this action counts as one strike against him pursuant to

(e)(2)(B)(ii); that 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; and that 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. (Id.at 4.) No party has filed an objection to the Findings and Recommendations. The

Court has reviewed Judge Johnston’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 Johnston’s Findings and Recommendations and adopts them in full.

IT IS ORDERED that Judge Johnston’s Findings and Recommendations

(Doc. 8) are ADOPTED IN FULL. 1. This matter is DISMISSED for failure to state a cognizable federal claim. 2. Plaintiff’s filing of this action counts as one strike against him pursuant to

(e)(2)(B)(ii).

3. The Clerk of Court is directed to close this matter and enter judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. 4. The Clerk of Court is 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. DATED this 31st day of January, 2022.

Der Mom Am ye

Brian Morris, Chief District Judge United States District Court