-RKS Diaz-Wassmer v. Ferriter et al, No. 6:2010cv00060 - Document 10 (D. Mont. 2011)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 7 in full. Plaintiff's Ninth Amendment claims and all claims regarding the prison's failure to follow its own policies are DISMISSED. Signed by Judge Donald W. Molloy on 4/1/2011. Mailed to Diaz. (TAG, )
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-RKS Diaz-Wassmer v. Ferriter et al Doc. 10 FILED APR 0 1 2011 PATRICK E, DUFFY, CLERK By Noe""P"'UTY=C"'le""RKC:"",""'MI""'SS""07C-'-­ ULA IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION ) WILLIAM DIAZ-WASSNER, ) ) ) ) ) ) ) ) ) Plaintiff, vs. MIKE FERRITER, MIKE MAHONEY, DENISE DEYOTT, Defendants. CV 10-60-H-DWM-RKS ORDER ----------------------) United States Magistrate Judge Keith Strong conducted a prescreening process mandated by 42 U.S.c. § 1915 and found that the Defendants must make an appearance in this matter. Judge Strong deemed the Complaint filed on December 28, 2010. Judge Strong entered Findings and Recommendation on February 16,2011 and recommended dismissing Plaintiff Diaz-Wassmer's Ninth Amendment claims and all claims regarding the prison's failure to follow its own policies. Further, Judge Strong determined that dismissal of all other claims is not appropriate at this time and Defendants must make an appearance in this matter. -1­ Dockets.Justia.com The parties did not timely object to the Findings and Recommendation, and so have waived the right to de novo review of the record. 28 U.S.C. § 636(b)(l). This Court will review the 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 a review of Judge Strong's Findings and Recommendation, I find no clear error. Accordingly, IT IS HEREBY ORDERED that Judge Strong's Findings and Recommendation (dkt #7) are adopted in full. Plaintiffs Ninth Amendment claims and all claims regarding the prison's failure to follow its own policies are DISMISSED. ~ Dated this Lday of April, 2011. -2­