Kerr v. St. Vincent Healthcare, No. 1:2015cv00029 - Document 62 (D. Mont. 2016)

Court Description: ORDER ADOPTING IN FULL Judge Lynch's 59 Findings and Recommendations. St. Vincent Health Care's 44 Motion for Summary Judgment is GRANTED. This action is DISMISSED. Signed by Judge Susan P. Watters on 3/23/2016. (Mailed to Kerr via USPS.) (NOB)

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Kerr v. St. Vincent Healthcare Doc. 62 FILED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONT ANA BILLINGS DIVISION MAR 2 3 2016 Clerk. U.S. District Court District Of Montana Billings TERRY KERR, CV 15-29-BLG-SPW-JCL Plaintiff, ORDER vs. ST. VINCENT HEAL THCARE, Defendant. Before the Court are United States Magistrate Judge Jeremiah Lynch's Findings and Recommendations filed on February 29, 2016. In the Findings and Recommendations, Judge Lynch recommends that this Court grant Defendant St. Vincent Healthcare's summary judgment motion. Pursuant to 28 U.S.C. § 636(b )(1), the parties were required to file written objections within 14 days of the filing of Judge Lynch's Findings and Recommendations. No objections were filed. Plaintiff Terry Kerr filed a Motion for Reconsideration, which Judge Lynch properly denied. When neither party objects, this Court reviews Judge Lynch's conclusions for clear error. 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 reviewing the Findings and Recommendations, this 1 Dockets.Justia.com Court does not find that Judge Lynch committed clear error. Even construing Kerr's Motion for Reconsideration as a formal written objection, a de nova review does not reveal any errors in the Findings and Recommendations. Accordingly, IT IS HEREBY ORDERED: 1. Judge Lynch's Findings and Recommendations (Doc. 59) are ADOPTED IN FULL. 2. St. Vincent Healthcare's Motion for Summary Judgment Re: Plaintiffs Defamation Claim and Any Other Remaining Claims (Doc. 44) is GRANTED. 3. This action is DISMISSED. 4. The Clerk of Court shall enter judgment and close this case. DATED this~ day of March, 2016.! ~L~~"-;;, Wo:zd?;«< SUSANP. WATTERS United States District Judge 2

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