Poulson v. Wendy in UC Building, No. 9:2010cv00100 - Document 6 (D. Mont. 2010)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS for 5 Order, Findings and Recommendations.. Signed by Judge Donald W. Molloy on 11/5/2010. (APP, ) Copy mailed to Poulson this date.
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Poulson v. Wendy in UC Building Doc. 6 NOV 05 20'iJ PATRICK E. DUff" ",d.. ' L,\ . IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION KERMIT POULSON, ) ) Petitioner, ) ) ) ) ) ) ) ) vs, WENDY, in UC BUILDING, UNIVERSITY OF MONTANA, Respondent. CV lO-lOO-M-DWM-JCL ORDER -----------------------) Plaintiff Kennit Poulson tiled a complaint alleging injury after an incident in the UC Campus Building at the University of Montana, United States Magistrate Judge Jeremiah C. Lynch entered Findings and Recommendation on October 7, 2010 and recommended dismissing Poulson's Complaint for lack of jurisdiction. Plaintiff did not timely object to the Findings and Recommendation 1- Dockets.Justia.com and has therefore waived the right to de novo review of the record. 28 U.S.c. § 636(b)( I). This Court will review 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). After a review ofJudge Lynch's Findings and Recommendation, I find no clear error. Accordingly, IT IS HEREBY ORDERED that Judge Lynch's Findings and Recommendation (dkt #5) are adopted in full. Poulson's Complaint (dkt #2) is DISMISSED for lack ofjurisdiction. The CASE is CLOSED. Dated this .;;tday of November, 2010. olloy, District Judge District Court -2-
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