Cates v. CCA of Tennessee, LLC, No. 1:2015cv00012 - Document 27 (D. Mont. 2016)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL AND GRANTING DEFENDANT'S 20 Motion for Summary Judgment. Signed by Judge Susan P. Watters on 10/5/2016. (AMC, )

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Cates v. CCA of Tennessee, LLC Doc. 27 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONT ANA BILLINGS DIVISION OCT - 5 2016 Clr:!rk. U S District Court District 01 r-·1iontana Billin9s ANDREW P. CATES, CV 15-12-BLG-SPW Plaintiff, ORDER vs. CCA OF TENNESSEE, LLC, Defendant. Before the Court are United States Magistrate Judge Carolyn Ostby's Findings and Recommendations filed on July 19, 2016. (Doc. 26). Judge Ostby recommends that this Court grant Defendant CCA of Tennessee's Motion for Summary Judgment (Doc. 20) on all claims. Pursuant to 28 U.S.C. § 636(b)(l), the parties were required to file written objections within 14 days of the filing of Judge Ostby's Findings and Recommendations. No objections were filed. When neither party objects, this Court reviews Judge Ostby's Findings and Recommendations 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 1 Dockets.Justia.com 422, 427 (9th Cir. 2000). After reviewing the Findings and Recommendations, this Court does not find that Judge Ostby committed clear error. IT IS ORDERED that the proposed Findings and Recommendations for disposition of this matter entered by United States Magistrate Judge Ostby (Doc. 26) are ADOPTED IN FULL. IT IS FURTHER ORDERED that Defendant CCA of Tennessee's Motion for Summary Judgment (Doc. 20) is GRANTED. The Clerk of Court shall enter judgment in favor of CCA of Tennessee and close this case. DATED this #ay of October, 2016. ~¢C-l~/tJ~ "SUSAN P. WATTERS United States District Judge 2

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