Brown v. Schweitzer et al, No. 6:2009cv00029 - Document 16 (D. Mont. 2010)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 7 in full. The claims against Defendants Governor Brian Schweitzer, Montana Department of Corrections, Mike Ferriter, Ted Ward, Myrna Ohmolt-Mason, Laura Janes, Norma Jean Boles, Sherri Townsend, Liz Rant z, Montana State Prison, Mike Mahoney, and John and Jane Does 5-20 are DISMISSED. Plaintiff's allegations regarding the treatment of his knee, physical therapy, and his placement in the prison are DISMISSED. Signed by Judge Donald W. Molloy on 2/26/2010. Copy mailed to Brown. (TAG, )
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Brown v. Schweitzer et al Doc. 16 IN THE UNITED STATES .so;FOR THE DISTRlCT OF MON I$'() <'II <3 7"-9IC-t Du",,,, c(S"J;>1r HELENA DNISION BRENT BROWN, Plaintiff, vs. GOV. BRlAN SCHWEITZER, et aI., Defendants. ) ) ) ) ) ) ) ) ) ) . V.Il }; O(;<..j ;r CV 09-29-H-DWM ORDER ---------------------) Plaintiff Brown filed his Complaint pursuant to 42 U.S.C. § 1983 seeking to recover for alleged failure to provide medical care while incarcerated at the Montana State Prison. Further, Plaintiff Brown filed his Amended Complaint (dkt #6) following the Order (dkt #3) by United States Magistrate Judge Keith Strong. Thereafter, Judge Strong entered Findings and Recommendation in this matter on January 26,2010. Plaintiff Brent Brown did not timely object and so has waived the right to de novo review of the record. 28 U.S.C. § 636(b)( 1). This Court Dockets.Justia.com reviews the Findings and Recommendation for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach .. Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Clear error exists if the Court is left with a "definite and firm conviction that a mistake has been committed." United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000). I can find no clear error with Judge Strong's recommendation and therefore adopt it in full. IT IS HEREBY ORDERED that Judge Strong's Findings and Recommendation (dkt #7) are adopted in full. The claims against Defendants Governor Brian Schweitzer, Montana Department of Corrections, Mike Ferriter, Ted Ward, Myrna Ohmolt-Mason, Laura Janes, Norma Jean Boles, Sherri Townsend, Liz Rantz, Montana State Prison, Mike Mahoney, and John and Jane Does 5-20 are DISMISSED. IT IS FURTHER ORDERED that Plaintiffs allegations regarding the treatment of his knee, physical therapy, and his placement in the prison are DISMISSED. (, Dated this i!!. day of February, 2010. . Mo loy, District Judge Unite States District Court
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