Kanvick v. Billings Public Schools, District #2 All past and future Trustees et al, No. 1:2022cv00026 - Document 18 (D. Mont. 2023)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. IT IS ORDERED that the proposed 17 Findings and Recommendations entered by Magistrate Judge Timothy Cavan are ADOPTED IN FULL. IT IS FURTHER ORDERED that the case be DISMISSED WITH PREJUDICE and that Plaintiff's 15 MOTION to Continue be DENIED as moot. Signed by Judge Susan P. Watters on 5/8/2023. (copy Order mailed to plaintiff at listed address) (EMH)

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Kanvick v. Billings Public Schools, District #2 All past and future Trustees et al Doc. 18 IN THE UNITED STATES DISTIUCT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION GLENN KANVICK, CV 22-26-BLG-SPW Plaintiff, ORDER ADOPTING MAGISTRATE'S FINDINGS AND RECOMMENDATIONS vs. BILLINGS PUBLIC SCHOOLS, DISTRICT #2 ALL PAST AND FUTURE TRUSTEES,et al.. Defendants. United States Magistrate Judge Timothy Cavan filed Findings and Recommendations on April 4,2023. (Doc. 17). Judge Cavan recommends that Plaintiffs case be dismissed with prejudice for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2). {Id. at 1). 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.,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

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