Banschbach v. Beckwith, No. 6:2015cv00106 - Document 63 (D. Mont. 2018)
Court Description: ORDER ADOPTING 62 FINDINGS AND RECOMMENDATIONS; granting 53 Motion for Summary Judgment. Any appeal of this decision would not be taken in good faith. Signed by Judge Dana L. Christensen on 3/27/2018. Mailed to Banschbach (TAG)
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Banschbach v. Beckwith Doc. 63 FILED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION MAR 2 7 2018 l.J.S District Court strict_Of Montana Mrssoula JACOB BANSCHBACH, CV 15-106-H-DLC-JTJ Plaintiff, ORDER vs. M.S.P. CORRECTIONAL OFFICER CARL BECKWITH, Defendants. United States Magistrate Judge John T. Johnston entered his Findings and Recommendations in this case on February 7, 2018, recommending that this action be dismissed for failure to state a claim. Plaintiff Jacob Banschbach ("Banschbach") failed to timely object to the findings and recommendations, and so waived the right to de novo review of the record. Court will therefore review the record for clear error. 28 U.S.C. ยง 636(b)(l). The McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). After reviewing the record and finding no clear error, this Court agrees with Judge Johnston that Banschbach's sexual assault claim is barred by the applicable statute of limitations, and his other claims fail as a matter of law. Accordingly, IT IS ORDERED that Judge Johnston's Findings and -1- Dockets.Justia.com Recommendations (Doc. 62) are ADOPTED IN FULL. (1) Defendant's Motion for Summary Judgment (Doc. 53) is GRANTED and this matter DISMISSED. (2) The Clerk of Court is directed to close this matter and enter judgment in favor of Defendant pursuant to Rule 58 of the Federal Rules of Civil Procedure. (3) The Clerk of Court is directed to have the docket reflect that the Court certifies pursuant to 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. No reasonable person could suppose an appeal would have merit. DATED this 27th day of March, 2018. Dana L. Christensen, Chief istrict Judge United States District Court -2-
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