Beam v. Pasha et al, No. 6:2015cv00086 - Document 16 (D. Mont. 2015)
Court Description: ORDER ADOPTING 6 FINDINGS AND RECOMMENDATIONS in full. The State of Montana, Ben Bouley, and all Jane and John Doe Defendants are DISMISSED from this case. Signed by Judge Dana L. Christensen on 12/17/2015. Mailed to Beam. (TAG, )
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Beam v. Pasha et al Doc. 16 FILED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION DEC 1 7 2015 Clerk, U.S District Court District Of Montana Missoula CV 15-86-H-DLC-JTJ JAMEISON BEAM, Plaintiff, ORDER vs. LARRY PASHA, BEN BOULEY, LT. HARMON, LEROY KIRKEGARD, JANE DOE 1, and JOHN AND JANE DOES 2-20, Defendants. United States Magistrate Judge John T. Johnston entered an order, findings, and recommendations in this case on October 22, 2015, granting Plaintiff Jameison Beam's ("Beam") motion to proceed in forma pauperis, but recommending dismissal of Defendants State of Montana, Ben Bouley, and all Jane and John Doe Defendants due to Beam's failure to make any allegations against them. Beam did not object to the order or to the findings and recommendations, and so waived the right to de nova review of the latter. 28 U.S.C. ยง 636(b)(l)(C). This Court reviews for clear error those findings and recommendations to which no party objects. See McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981); Thomas v. -1- Dockets.Justia.com Arn, 474 U.S. 140, 149 (1985). 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 422, 427 (9th Cir. 2000) (citations omitted). Having reviewed the findings and recommendations, the Court finds no clear error in Judge Johnston's conclusions regarding Beam's pleading against the above defendants. Accordingly, IT IS ORDERED that Judge Johnston's findings and recommendations (Doc. 6) are ADOPTED IN FULL. The State of Montana, Ben Bouley, and all Jane and John Doe Defendants are DISMISSED from this case. DATED this l 1' day of December 015. Dana L. Christensen, Chief Judge United States District Court -2-
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