Sliwinski v. Murry et al, No. 6:2016cv00064 - Document 8 (D. Mont. 2016)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 3 in full. Mike Murry, Susan Good- Geise, Andy Hunthausen, Leo Button, Scott Furgerson, and Lewis and Clark County Detention Center are DISMISSED from this case; claims brought under Titles I, III, and IV of the ADA fail to state claims upon which relief may be granted and are DISMISSED. Signed by Judge Dana L. Christensen on 10/5/2016. Mailed to Sliwinski (TAG, )
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Sliwinski v. Murry et al Doc. 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION CV 16-64-H-DLC-JTJ THOMAS EMIL SLIWINSKI, Plaintiff, ORDER vs. MIKE MURRY, SUSAN GOODGEISE, ANDY HUNTHAUSEN, LEO BUTTON, SCOTT FURGERSON, and LEWIS and CLARK COUNTY DETENTION CENTER, Defendants. United States Magistrate Judge John T. Johnston entered an order and findings and recommendations in this case on August 4, 2015, granting Plaintiff Thomas Emil Sliwinski' s ("Sliwinski") motion to proceed in forma pauperis, but recommending dismissal of Defendants Mike Murry, Susan Good-Geise, Andy Hunthausen, Leo Button, Scott Furgerson, and Lewis and Clark County Detention Center due to Sliwinski' s failure to make any allegations against them. Sliwinski did not object to the order or to the findings and recommendations, and so waived the right to a 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 -1- Dockets.Justia.com 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. 2000) (citations omitted). Having reviewed the findings and recommendations, the Court finds no clear error in Judge Johnston's conclusions regarding Sliwinski's pleading against the above defendants. Accordingly, IT IS ORDERED that Judge Johnston's Findings and Recommendations (Doc. 3) are ADOPTED IN FULL. Mike Murry, Susan GoodGeise, Andy Hunthausen, Leo Button, Scott Furgerson, and Lewis and Clark County Detention Center are DISMISSED from this case. IT IS FURTHER ORDERED that Sliwinski' s claims brought under Titles I, III, and IV of the ADA fail to state claims upon which relief may be granted and are DISMISSED. DATED this of October, Dana L. Christensen, Chief Judge United States District Court -2-
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