Tolan v. Yellowstone County et al, No. 1:2020cv00002 - Document 30 (D. Mont. 2021)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL. Granting 22 Motion for Partial Judgment on the Pleadings. The claim in Count III is dismissed against Linder, Sennett, and Trujillo. The claim in Count III against Yellowstone County shall proceed. Signed by Judge Susan P. Watters on 2/9/2021. (AMC)

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Tolan v. Yellowstone County et al Doc. 30 Case 1:20-cv-00002-SPW-TJC Document 30 Filed 02/09/21 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION TRAVIS JAMES TOLAN, CV 20-02-BLG-SPW Plaintiff, vs. ORDER ADOPTING YELLOWSTONE COUNTY,et al.. MAGISTRATE'S FINDINGS AND RECOMMENDATIONS Defendants. The United States Magistrate Judge filed Findings and Recommendations on January 19, 2021. (Doc. 29). The Magistrate recommended that Defendants' Motion for Partial Judgment on the Pleadings be Granted. (Doc. 29 at 9). Pursuant to 28 U.S.C. ยง 636(b)(1), parties are required to file written objections within 14 days ofthe filing ofthe Magistrate's Findings and Recommendation. No objections were filed. When neither party objects, this Court reviews the Magistrate's Findings and Recommendation 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 422, 427(9th Cir. 2000). After reviewing the Findings and Recommendation,this Court does not find that the Magistrate committed clear error. 1 Dockets.Justia.com Case 1:20-cv-00002-SPW-TJC Document 30 Filed 02/09/21 Page 2 of 3 Case 1:20-cv-00002-SPW-TJC Document 30 Filed 02/09/21 Page 3 of 3

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