Maier v. Frink et al, No. 4:2013cv00092 - Document 30 (D. Mont. 2015)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 26 in full. Maier's Motion for Default Judgment 23 is DENIED. Signed by Judge Donald W. Molloy on 4/9/2015. Mailed to Maier. (TAG, )
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Maier v. Frink et al Doc. 30 FILED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA GREAT FALLS DIVISION APR 0 9 2015 Clerk, U.S District Court District Of Montana Missoula CV 13-92-GF-DWM-JTJ LLOYD SCOTT MAIER, Plaintiff, ORDER vs. MARTIN FRINK and MR. ROSS, Defendants. This matter comes before the Court on Plaintiff Lloyd Scott Maier's Motion for Default Judgment. (Doc. 23.) Magistrate Judge John Johnston entered Findings and Recommendations on March 10, 2015, recommending the Court deny the motion. (Doc. 26.) Maier has not filed objections to Judge Johnston's findings and recommendations. The Court reviews the findings and recommendations that are not specifically objected to for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Clear error exists ifthe 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). The Court finds no clear error with Judge Johnston's determination that there is no basis for a -1- Dockets.Justia.com judgment to be entered against Warden Frink at this early stage in the litigation. Accordingly, IT IS ORDERED that the Findings and Recommendations (Doc. 26) are ADOPTED IN FULL. IT IS FURTHER ORDERED that Maier's Motion for Default Judgment (Doc. 23) is DENIED. DATED this 1::day of April, 2015. onald . lloy, District Judge United S'tates District Court -2-
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