Washington v. Griffin et al, No. 6:2015cv00028 - Document 28 (D. Mont. 2016)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 24 in full. Defendant Janes' motionto dismiss 21 is GRANTED, and she is hereby DISMISSED from thisaction. Signed by Judge Dana L. Christensen on 6/29/2016. Mailed to Washington. (TAG, )
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Washington v. Griffin et al Doc. 28 FILED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION RICHARD GENE WASHINGTON, JUN 2 9 2016 Y S District Court D1stnct Of Montana Missoula CV 15-28-H-DLC-JTJ Plaintiff, ORDER vs. LANCE GRIFFIN, HEIDI ABBOTT, LAURA JANES, CONNIE WINNER, CATHY REDFERN, TRISTAN KOHUT, and SCOTT PIRANIAN, Defendants. United States Magistrate Judge John T. Johnston entered findings and recommendations in this case on May 19, 2016, recommending that Defendant Laura Janes ("Janes") be dismissed from this action. Plaintiff Richard Gene Washington ("Washington") did not object to the findings and recommendations, and so has waived the right to de novo review thereof. 28 U.S.C. ยง 636(b )(1 )(C). This Court reviews for clear error those findings and recommendations to which no party objects. See McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981); Thomas v. Arn, 474 U.S. 140, 149 (1985). 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. -1- Dockets.Justia.com 2000) (citations omitted). Having reviewed the findings and recommendations, the Court finds no clear error in Judge Johnston's conclusions that because Washington asserts no allegations against Janes in his Amended Complaint, Janes' motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure should be granted. Accordingly, IT IS ORDERED that Judge Johnston's findings and recommendations (Doc. 24) are ADOPTED IN FULL. Defendant Janes' motion to dismiss (Doc. 21) is GRANTED, and she is hereby DISMISSED from this action. DATED this of June, 2016. Dana L. Christensen, Chief Judge United States District Court -2-
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