Martindale v. Montana D.O.C. et al, No. 6:2015cv00111 - Document 8 (D. Mont. 2016)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 6 in full. Montana Department of Corrections, the Montana State Prison and the Montana State Prison Medical Department are DISMISSED. Signed by Judge Dana L. Christensen on 3/21/2016. Mailed to Martindale. (TAG, )
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Martindale v. Montana D.O.C. et al Doc. 8 FILED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION MAR 2 1 2016 Clerk, U.S. District Court District Of Montana Missoula CV 15-111-H-DLC-JTJ MICHAEL MARTINDALE, Plaintiff, ORDER vs. MONTANA D.O.C., M.S.P., LEROY KIRKEGARD, MIKE BATISTA, and M.S.P. MEDICAL DEPARTMENT, Defendants. United States Magistrate Judge John Johnston entered his Findings and Recommendations in this matter on February 16, 2016, recommending dismissal of the Montana Department of Corrections, the Montana State Prison, and the Montana State Prison Medical Department. The parties failed to timely object to the Findings and Recommendations, and so waived their right to de novo review of the record. 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 ifthe Court is left with a "definite and firm conviction that a mistake has been committed." United -1- Dockets.Justia.com States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000) (citations omitted). Having reviewed the Findings and Recommendations, the Court finds no clear error in Judge Johnston's conclusion that the Montana Department of Corrections, the Montana State Prison, and the Montana State Prison Medical Department enjoy immunity from suit under the Eleventh Amendment to the United States Constitution. Accordingly, these parties will be dismissed from this matter. IT IS ORDERED that: (1) Judge Johnston's Findings and Recommendations (Doc. 6) are ADOPTED IN FULL. (2) The Montana Department of Corrections, the Montana State Prison and the Montana State Prison Medical Department are DISMISSED based upon the Eleventh Amendment. Dated this 2.J st ofMarch, 2016. day Dana L. Christensen, Chief Judge United States District Court -2-
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