Washington v. Griffin et al, No. 6:2015cv00028 - Document 17 (D. Mont. 2015)
Court Description: ORDER ADOPTING 11 FINDINGS AND RECOMMENDATIONS in full. Motions forpreliminary injunction ( 8 and 10 ) are DENIED WITHOUT PREJUDICE. Signed by Judge Dana L. Christensen on 9/30/2015. Mailed to Washington. (TAG, )
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Washington v. Griffin et al Doc. 17 FILED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION SEP 3 0 2015 Clerk, U S. District Court District Of Montana Missoula CV 15-28-H-DLC-JTJ RICHARD GENE WASHINGTON, Plaintiff, ORDER vs. LANCE GRIFFIN, HEIDI ABBOTT, LAURA JANES, CONNIE WINNER, CATHY REDFERN, TRISTAN KOHUT, and SCOTT PIRANIAN, Defendants. United States Magistrate Judge John T. Johnston entered his order, findings, and recommendation in this case on June 22, 2015, granting Plaintiff Richard Gene Washington's motion for an extension of time to file an Amended Complaint, but recommending denial, without prejudice, of his motions for preliminary injunction. Washington did not timely object to the findings and recommendations, and so waived the right to de nova review of the record. 28 U.S.C. ยง 636(b )(1 ). 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). Clear error exists ifthe Court is left with a "definite and firm conviction that a mistake has been committed." United States v. Syrax, 235 F.3d -1- Dockets.Justia.com 422, 427 (9th Cir. 2000). For the reasons explained below, the Court adopts Judge Johnston's findings and recommendations in full. Judge Johnston found that, as of the date of the findings and recommendations, Washington had not yet served his Complaint upon the named defendants, nor had they appeared. Judge Johnston therefore concluded that the Court did not have personal jurisdiction over the defendants, and that injunctive relief was premature. This Court finds no error in his findings and recommendations on this issue. Accordingly, IT IS ORDERED that Judge Johnston's findings and recommendations (Doc. 11) are ADOPTED IN FULL. Washington's motions for preliminary injunction (Docs. 8 and 10) are DENIED WITHOUT PREJUDICE. DATED this of September, 2015. Dana L. United States District Court -2-
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