Keefe v. M.S.P. I.P.S. Officers et al, No. 6:2015cv00103 - Document 21 (D. Mont. 2016)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 20 in full. All Defendants other than Officer Buresh including: MSP I.P.S. Officers, Thome Blackcrow, Medical Staff, Joanne Reese, Tom Simpkins, Tammy, Jim, Amber, Holly, Correctional Officer Wheat, and Montana State Prison, are DISMISSED. All claims other than Mr. Keefe's claim against Officer Buresh are DISMISSED. Signed by Judge Dana L. Christensen on 6/14/2016. Mailed to Keefe. (TAG, )
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Keefe v. M.S.P. I.P.S. Officers et al Doc. 21 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION JORDAN KEEFE, CV 15-103-H-DLC-JTJ Plaintiff, ORDER vs. MSP I.P.S. OFFICERS, THORNEBLACKCROW, MEDICAL STAFF, C/O BURESH, JOANNE REESE, TOM SIMPKINS, TAMMY, JIM, AMBER HOLLY, C/O WHEAT, and MONTANA STATE PRISON, Defendants. United States Magistrate Judge John Johnston entered his Order, Findings and Recommendations in this matter on May 17, 2016, recommending dismissal of all Defendants other than Officer Buresh and multiple claims not raised in the Second Amended Complaint. Plaintiff Jordan Keefe ("Keefe") failed to timely object to the Findings and Recommendations, and so waived his right to de novo review of the record. 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. -1- Dockets.Justia.com 1981); Thomas v. 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 conclusion that: (1) Defendants MSP I.P.S. Officers, Thome Blackcrow, Medical Staff, Joanne Reese, Tom Simpkins, Tammy, Jim, Amber, Holly, and Correctional Officer Wheat were not named in the Second Amended Complaint and should be dismissed; and (2) all claims not raised in the Second Amended Complaint should be dismissed, including Keefe's claims of denial of medical care, sexual assault, retaliation, threats, the right to file grievances, and any claims under the Americans with Disabilities Act. Accordingly, IT IS ORDERED that: (1) Judge Johnston's Findings and Recommendations (Doc. 20) are ADOPTED IN FULL. (2) All Defendants other than Officer Buresh including: MSP I.P.S. Officers, Thome Blackcrow, Medical Staff, Joanne Reese, Tom Simpkins, Tammy, Jim, Amber, Holly, Correctional Officer Wheat, and Montana State Prison, are DISMISSED. (3) All claims other than Mr. Keefe's claim against Officer Buresh, -2- including Keefe's claims of denial of medical care, sexual assault, retaliation, threats, the right to file grievances, and any claims under the Americans with Disabilities Act, are DISMISSED. Dated this li_ day of June, 2016. Dana L. Christensen, Chief Judge United States District Court -3-
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