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MadPlume v. Montana State Prison

Doc. 13

FILED

FEB 25 20ft

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
BRIAN MADPLUME, Plaintiff, vs. MONTANA STATE PRISON, Defendant.
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CV 10-39-H-DWM-RKS

ORDER

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Plaintiff Brian Madplume filed a Complaint in this matter on August 10, 2010. On September 15,2010, United States Magistrate Judge Keith Strong found that the Complaint failed to state a claim upon which relief may be granted. Additionally, Judge Strong identified a number of defects which could potentially
be cured by Madplume and gave him until October 1,2010 to do so. During the

interim Madplume requested and received two extensions of time to file an

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Dockets.Justia.com

amended complaint, the last extension giving him until December 31, 20 10. To date, Madplmne has failed to file an amended complaint. United States Magistrate Judge Keith Strong entered Findings and Recommendation (dkt # 12) in this case on January 18, 2011. Judge Strong recommended, for the reasons set forth in his Order dated September 15, 2010, that the Complaint be dismissed with prejudice. Plaintiff did not timely object and so has waived the right to de novo review ofthe record. 28 U.S.C.

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