Witherall v. Corrections Health Partners et al, No. 1:2017cv00139 - Document 9 (D. Mont. 2018)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 7 in full. Any appeal of this decision would not be taken in good faith. Signed by Judge Susan P. Watters on 1/16/2018. Mailed to Witherall. (TAG)

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Witherall v. Corrections Health Partners et al Doc. 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION FILED JAN 1·•1 2018 Clerk U.S. District Court District Of Montana Billings ALLEN WITHERALL, CV 17-139-BLG-SPW Plaintiff, ORDER vs. CORRECTIONS HEALTH PARTNERS, et al, Defendants. Before the Court are United States Magistrate Judge Timothy Cavan's Findings and Recommendations, filed on November 29, 2017. (Doc. 7). In his Findings and Recommendations, Judge Cavan recommends that this Court dismiss Witherall' s case for failure to state a claim. 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 Cavan's Findings and Recommendations. No objections were filed. When neither party objects, this Court reviews Judge Cavan'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 Court does not find that Judge Cavan committed clear error. 1 Dockets.Justia.com Accordingly, IT IS HEREBY ORDERED: 1. Judge Cavan's Findings and Recommendations (Doc. 7) are ADOPTED IN FULL. 2. The Clerk of Court is directed to close this matter and enter judgment in favor of Defendant pursuant to Rule 58 of the Federal Rules of Civil Procedure. 3. The Clerk of Court is directed to have the docket reflect that the Court certifies pursuant to Rule 24(a)(3)(A) of the Federal Rules of Appellate Procedure that any appeal of this decision would not be taken in good faith. DATED this .&'.:~f January 2018d ~ANP:WAT.&'./;/a.-m,~~ United States District Judge 2

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