Kelly v. BURLINGTON NORTHERN SANTA FE, INC. et al, No. 6:2015cv00064 - Document 28 (D. Mont. 2016)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. ; adopting Findings and Recommendations re 27 Findings and Recommendations.; granting 12 Motion to Dismiss for Lack of Jurisdiction; granting 14 Motion to Dismiss for Failure to State a Claim; granting 16 Motion to Dismiss for Failure to State a Claim; granting 18 Motion to Dismiss for Failure to State a Claim Signed by Judge Dana L. Christensen on 6/29/2016. Copy mailed to S. Kelly. (DED, )
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Kelly v. BURLINGTON NORTHERN SANTA FE, INC. et al Doc. 28 FILED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION STEPHEN P. KELLY, JUN 2 9 2016 Clef!<, ':I S District Court Oistnct Of Montana Missoula CV 15-64-H-DLC-JTJ Plaintiff, ORDER vs. BNSF RAILWAY COMPANY, MONTANA RAIL LINK, INC., THOMAS WALSH, and CARL R. ICE., Defendants. United States Magistrate Judge John T. Johnston entered findings and recommendations in this case on May 11, 2016, recommending that Defendants' various motions to dismiss be granted and Plaintiff Stephen P. Kelly's ("Kelly") action be dismissed. Kelly 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)(l)(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: (1) the Court lacks personal jurisdiction over Defendant Carl Ice, and Kelly nevertheless fails to assert any allegations against him; (2) Kelly's claims against Defendants BNSF Railway Company and Montana Rail Link, Inc. are preempted by federal law; and (3) Kelly fails to assert any allegations against Defendant Thomas Walsh. Accordingly, IT IS ORDERED that Judge Johnston's findings and recommendations (Doc. 27) are ADOPTED IN FULL. Defendants respective motions to dismiss (Docs. 12, 14, 16, 18) are GRANTED. This case is DISMISSED, and the Clerk of Court shall enter judgment in favor of Defendants. DATED this 2.'f-ttaay of June, 2016. Dana L. Christensen, Chief Judge United States District Court -2-
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