-CSO Cox v. Yellowstone County, No. 1:2010cv00065 - Document 18 (D. Mont. 2010)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS for 13 Motion to Substitute Party filed by Jay Bell, 11 Findings and Recommendations, 17 Findings and Recommendations, 5 Motion to Dismiss filed by Jay Bell. IT IS HEREBY ORDERED they be adopted in their entirety: (1) Sheriff Bell's Motion to Dismiss is DENIED; AND Sheriff Bell's Motion to Substitute Defendant is GRANTED Sheriff Bell is dismissed from this action and Yellowstone County, Montana is substituted in his place. Signed by Judge Richard F. Cebull on 10/18/2010. (ACL, ) Modified on 10/18/2010 to indicate a copy mailed to James B. Cox(ACL, ).
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-CSO Cox v. Yellowstone County Doc. 18 F!LED IN THE UNITED STATES DISTRICT COURT "",' , " ; ",:' <L, i -, 1',' <) i ' · · Z{):G 0;1T 18 Prl FOR THE DISTRICT OF MONTANA BILLINGS DIVISION JAMES B. COX, Plaintiff, VS. SHERIFF JAY BELL, Defendant. 1, 22 DEPUTY CLEHK CV-IO-65-BLG-RFC-CSO ) ) ) ) ) ) ) ) ) ) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE --------------------) United States Magistrate Judge Carolyn Ostby has entered Findings and Recommendation on Sheriff Bell's Motion to Dismiss (Doc. 5) and Sheriff Bell's Motion to Substitute Defendant (Doc. 13). Magistrate Judge Ostby recommends the motion to dismiss be denied because Cox has stated a claim against Sheriff Bell in his official capacity upon which relief may be granted. Magistrate Judge Ostby recommends Sheriff Bell 's motion to substitute Yellowstone County as the Defendant be granted because Yellowstone County is the real party in interest and an injunction against Sheriff Bell would be effective against him. Upon service ofa magistrate judge's findings and recommendation, a party has 14 days to file written objections. 28 U.S.c. § 636(b)(1). In this matter, no 1 Dockets.Justia.com party filed objections to either of Magistrate Judge Ostby's Findings and Recommendations. This failure to object waives all objections to the findings of fact, Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1999), but this Court must still review de novo the conclusions oflaw. Barilla v. Ervin, 886 F.2d 1514, 1518 (9th Cir. 1989). After reviewing the record and the applicable law, the Court concludes that both of Magistrate Judge Ostby's Findings and Recommendations (Docs. 11 & 17) are well grounded in law and fact. IT IS HEREBY ORDERED they be adopted in their entirety: (1) Sheriff Bell's Motion to Dismiss (Doc. 5) is DENIED; and (2) Sheriff Bell's Motion to Substitute Defendant (Doc. 13) is GRANTED: Sheriff Bell is dismissed from this action and Yellowstone County, Montana is substituted in his place. t&--- DATED the K of October, '/ r/ 2 /
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