Tangwall v. Spaulding et al, No. 1:2011cv00039 - Document 19 (D. Mont. 2011)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS for 9 Motion to Dismiss filed by William Nels Swandal, Randal Spaulding, David Cybulski, Michael McGrath, 18 Order, Findings and Recommendations. IT IS HEREBY ORDERED that Defendant's Motion to Dismiss is GRANTED: the First Amended Complaint is DISMISSED WITH PREJUDICE. Signed by Judge Richard F. Cebull on 7/19/2011. (Copy mailed to Don Tangwall Pro Se Plaintiff) (ACL, )
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Tangwall v. Spaulding et al Doc. 19 riLED [;, Licll,as 01" .. ' ,. 20il JUL 19 Rm 'dO 06 E. IN THE UNITED STATES DISTRICT COUBrT FOR THE DISTRICT OF MONTANA ;'U"r-. [v, r (, CL::Rr BILLINGS DIVISIO:\ DONTANGWALL, Plaintiff, ) ) ) ) ) ) v. RANDAL SPAULDING, Musselshell County District Judge, DAVlD CYBULSKI, Sheridan County District Judge, WILLIAM NELS SW ANDAL, Park County District Judge, and MIKE MCGRATH, Chief Justice ofthe Montana Supreme Court, Defendants ) ) ) ) ) ) ) ) ) ) Cause No. CV-1l-39-BLG-RFC-CSO ORDER ADOPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE ---------------------) Plaintiff Don Tangwall, proceeding pro se, filed this 42 U.S.C. § 1983 action seeking injunctive relief against three Montana District Court Judges and the Chief Justice of the Montana Supreme Court. United States Magistrate Judge Carolyn Ostby has entered Findings and Recommendation (doc. 18) on Defendant's Motion to Dismiss (doc. 9), concluding that most of Tangwall's 1 Dockets.Justia.com claims are barred by judicial immunity and those that remain must be dismissed for failure to state a claim for relief that is plausible on its face. Since she also concludes amendment would be futile, Magistrate Judge Ostby recommends the Amended Complaint (doc. 4) be dismissed with prejudice. Upon service of a magistrate judge's findings and recommendation, a party has 14 days to file written objections. 28 U.S.c. § 636(b)( I). In this matter, no party filed objections to the Findings and Recommendation. Failure to object to a magistrate judge's findings and recommendation waives all objections to the findings of fact. Turner v. Duncan, 158 F.3d 449, 455 (9th Cif. 1999). However, failure to object does not relieve this Court of its burden to review de novo the magistrate judge's conclusions of law. Barilla v. Ervin, 886 F.2d 1514, 1518 (9th Cir. 1989). After a de novo review, the Court determines the Findings and Recommendation of Magistrate Judge Ostby are well grounded in law and fact and adopts them in their entirety. Accordingly, IT IS HEREBY ORDERED that Defendants' Motion to Dismiss (doc. 9) is GRANTED: the First Amended Complaint is DISMISSED WITH PREJUDICE. The Clerk of Court shall notifY the parties of the making of this Order and close this case. 2 CHARD F. EBULL UNITED STATES DISTRICT JUDGE 3