Anato et al v. Barney et al, No. 4:2012cv00103 - Document 93 (D. Mont. 2014)

Court Description: ORDER: United States Magistrate Judge Keith Strong entered 91 Findings and Recommendations in this matter on July 8, 2014. Plaintiffs filed 92 objections on July 22, 2014. The Court reviews de novo findings and recommendations to which objections are made. 28 U.S.C. 636(b)(1). Upon de novo review of the record, I find no error in Judge Strong's 91 Findings and Recommendations and adopt them in full. ORDERED: 1) Defendants' 69 Motion to Substitute United States for Defendants on Tort Claims, and Dismiss or in the alternative Grant Summary Judgment is GRANTED as follows: a) Counts 1, 2, 4 6, and 7 of Plaintiffs' 53 Third Amended Complaint are DISMISSED for lack of subject matter jurisdiction; b) Summary judgment is GR ANTED in favor of Defendants on Counts 3, 5, and 8 of Plaintiffs' 53 Third Amended Complaint. 2) Plaintiffs' 82 Motion to Deny Certification of Scope of Employment for Defendants is DENIED. The Court certifies under 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. Copy of Order mailed to Pro Se Plaintiffs. Signed by Judge Sam E Haddon on 8/4/2014. (SLR, )