Klein v. Cascade County Detention Center et al, No. 4:2017cv00104 - Document 15 (D. Mont. 2018)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 13 in full. Cascade County Detention Center is DISMISSED. Signed by Magistrate Judge John Johnston on 7/2/2018. Mailed to Klein (TAG)
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Klein v. Cascade County Detention Center et al Doc. 15 FILED IN THE UNITED STATES DISTRICT COURT JUL 02 2018 FOR THE DISTRICT OF MONTANA erell<, u.s Dlstnct COWl GREAT FALLS DIVISION District Of Montana Gr"2t Falls DYLAN LEE MONROE KLEIN, CV-17-00104-GF-BMM-JTJ Plaintiff, vs, ORDER CASCADE COUNTY DETENTION CENTER, PETER MOLNER, DETENTION CENTER MEDICAL STAFF, and SGT. GRUBB, Defendants, PlaintitfDylan Klein has filed an Amended Complaint. (Doc, 12,) United States Magistrate Judge John Johnston entered Findings and Recommendations in this matter on June 4,2018. (Doc, 13.) Neither party filed objections. When a party makes no objections, the Court need not review de novo the proposed Findings and Recommendations. Thomas v. Arn, 474 U.S. 140,149-52 (1986). This Court will review Judge Johnston's Findings and Recommendations, however, for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir, 1981). Dockets.Justia.com A. Cascade County Detention Center Judge Johnston determined that Cascade County Detention Center serves as a "facility established and maintained by an appropriate entity for the purpose of confining arrested persons or persons sentenced to the detention center." Mont. Code Ann. ยง 7-32-2120. As a building, Cascade County Detention Center cannot be sued. Klein did not name Cascade County Detention Center in his Amended Complaint. The Court will dismiss Cascade County Detention Center. IT IS ORDERED that Judge Johnston's Findings and Recommendations (Doc. 13), are ADOPTED IN FULL. IT IS FURTHER ORDERED that Cascade County Detention Center is DISMISSED. DATED this 2nd day ofJuly, 2018. Brian Morris United States District Court )lldge 2
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