Gotschall v. Harbaugh et al, No. 1:2018cv00163 - Document 38 (D. Mont. 2020)
Court Description: ORDER ADOPTING 35 FINDINGS AND RECOMMENDATIONS in full; granting 23 Motion for Summary Judgment; denying 34 Motion for Summary Judgment. Signed by Judge Susan P. Watters on 11/2/2020. Transmitted electronically to prison for delivery to Plaintiff. (TAG)
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Gotschall v. Harbaugh et al Doc. 38 Case 1:18-cv-00163-SPW Document 38 Filed 11/02/20 Page 1 of 3 Dockets.Justia.com Case 1:18-cv-00163-SPW Document 38 Filed 11/02/20 Page 2 of 3 reviewed Plaintiffs objection but cannot identiy an actual legal argument against Judge Cvan's indings and recommendtion. The objection ails to speciically or adequately state any grounds why the Deendants' motion should not be granted or why Plaintif is entitled to summary judgment. Although pro se litigants are aforded a degree of liberal construction in their ilings, the Cout cannot raise arguments or Gotschall. When neither party properly objects, this Court reviews the Magisrte's Findings and Recommendation or clear error. cDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Clear error exists if the Court is let with a "deinite and irm conviction that a mistake has been committed." nited ates v. Syrx, 235 F.3d 422, 427 (9th Cir. 2000). Ater reviewing the Findings and Recommendation, this Court does not ind tht the Magistrate committed clear error. IT IS ODERED that the proposed Findings and Recommendtions entered by the United States Magistrate Judge (Doc. 35) are ADOPTED IN FLL. IT IS FURTER ORDEED that Plaintifs motion or summay judgment is DENIED, Deendant's motion or summary judgment is GRANTED and that this matter is DISMISSED. 2 Case 1:18-cv-00163-SPW Document 38 Filed 11/02/20 Page 3 of 3
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