Fletcher v. United States, No. 1:2020cv00050 - Document 11 (D. Mont. 2020)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 10 in full. Signed by Judge Susan P. Watters on 10/14/2020. Mailed to Fletcher. (TAG)
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Fletcher v. United States Doc. 11 Case 1:20-cv-00050-SPW Document 11 Filed 10/14/20 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION J.R. FLETCHER, CV 20-50-BLG-SPW Plaintiff, vs. ORDER ADOPTING UNITED STATES, MAGISTRATE'S FINDINGS AND RECOMMENDATIONS Defendants. The United States Magistrate Judge filed Findings and Recommendations on September 16,2020. (Doc. 10). The Magistrate recommended Plaintiff J.R. Fletcher's motion, construed as a petition for writ ofhabeas corpus under 28 U.S.C. § 2241, should be DISMISSED for failure to state a claim.(Doc. 10 at 6). Pursuant to 28 U.S.C. § 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.., 656F.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 1 Dockets.Justia.com Case 1:20-cv-00050-SPW Document 11 Filed 10/14/20 Page 2 of 2