Smith v. State of Montana et al, No. 6:2014cv00062 - Document 19 (D. Mont. 2015)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 8 in full. Defendants State of Montana, Montana State Prison, and Montana Department of Corrections areDISMISSED. Signed by Judge Dana L. Christensen on 4/23/2015. Mailed to Smith. (TAG, )
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Smith v. State of Montana et al Doc. 19 FILED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION APR 2 3 2015 Clerk, U.S. District Court District Of Montana Missoula CV 14-62-H-DLC-JTJ BENJAMIN KARL SMITH, Plaintiff, ORDER vs. STATE OF MONTANA, MONTANA STATE PRISON, MONTANA DEPARTMENT OF CORRECTIONS, WARDEN KIRKEGARD, SGT. POSTMA, and OFFICER DAVID AUGUST (BOGUT), Defendants. United States Magistrate Judge John T. Johnston entered his order, findings, and recommendations in this case on March 2, 2015, recommending inter alia that Plaintiff Smith's Complaint be dismissed as to Defendants State of Montana, Montana State Prison, and Montana Department of Corrections. Smith failed to timely object to the findings and recommendations, and so waived the right to de novo review of the record. 28 U.S.C. ยง 636(b)(l). The Court will therefore review the record for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). The Court adopts Judge -1- Dockets.Justia.com Johnston's findings and recommendations in full. Judge Johnston found, and this Court agrees, that the State of Montana, Montana State Prison, and Montana Department of Corrections are immune from suit pursuant to the Eleventh Amendment. Accordingly, IT IS ORDERED that Judge Johnston's findings and recommendations (Doc. 8) are ADOPTED IN FULL. Defendants State of Montana, Montana State Prison, and Montana Department of Corrections are DISMISSED from this action. DATED this J..;v-J_day of April, 201 Dana L. Christensen, Chief Judge United States District Court -2-
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